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02.16.11

Ron Samsel: A Court Case Equestrians Should Know About

Navigating codes and permit issues can create confusion and headaches for clients who seek to build a horse barn in a state or municipality that lacks special classification for agricultural buildings. Several states, including Pennsylvania, offer building permit exemption if a horse barn can be classified as an agricultural building. This usually means that the barn is privately owned and used and is not a place of employment or residence. If a jurisdiction does not allow a horse barn to be classified as “agricultural,” the property and its buildings are subjected to rather excessive restrictions. (I should note that agricultural buildings still must meet the established zoning and building code requirements.) At Blackburn Architects, we run into excessive restrictions in many states and local jurisdictions if the equestrian facility cannot be classified as agricultural.

That’s why when I came across the following article about a horse farm owner in Pennsylvania, I knew I had to share it. Ron Samsel, the owner, simply wanted to build a private horse barn for his friends and family to enjoy. Instead, he entered a battle with his township that landed them both in court: all over a building permit. While Samsel eventually won the case– his horse barn was declared an agricultural enterprise and, therefore, a building permit was not required– he spent a large chunk of time and money fighting a battle against the township he felt was acting irrationally and irresponsibly.

The court ruling may set a precedent for similar cases or disputes, of which I’d guess there are many, in Pennsylvania and possibly even surrounding states. I am glad attention has been brought to this issue and can only hope for greater clarity and consistency in what has become a convoluted issue for many equestrians who seek to build a horse barn to call their own.

EXCERPT FROM PENNSYLVANIAN EQUESTRIAN

Considering this nightmare, Samsel says he can understand why individuals rarely seem to fight township rulings, even when the townships are clearly wrong. “The townships always win because they push the little guy out,” he says. Each time he won his case in court, the township was given 30 days to appeal the decision. Each time, the township waited until the 29th day to announce that they would appeal.

Old Woodlands is a private horse farm in South Carolina

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