Catnip Acres to appeal court decision

September 23, 2013

WAYNESBURG – The owners of Catnip Acres have filed notice they will appeal a Greene County Court decision affirming the Franklin Township Zoning Hearing Board’s denial of a variance allowing them to operate an animal clinic in a residential area.

Carol and Richard Pultorak also asked the Greene County Court for a stay to permit them to continue operating the clinic at 155 Dark Hollow Road while the appeal is heard, a request that was denied by the court Friday.

An order issued by Greene County Judge William Nalitz stated the Pultoraks must cease all clinic activities at the Dark Hollow Road address by Sept. 30.

The Pultoraks filed a notice indicating they will appeal Nalitz’s Aug. 30 decision to Commonwealth Court. In that decision, Nalitz dismissed the Pultoraks’ appeal of the zoning hearing board decision denying them a variance or special exception to operate the clinic in an area zoned R-1 residential area.

Carol Pultorak has operated a nonprofit animal rescue operation and spay and neuter clinic at the property for several years.

A complaint filed in October alleged the property was being used for an animal hospital, which is not a permitted use in an R-1 zone. The Pultoraks asked the zoning board to grant a special exception for home occupation and necessary variances to continue operating the business at the site. The board denied the request following a hearing Nov. 27.



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