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Buck Hill Falls Co. v. Press

Because one of the restrictive covenants governing the property on which the appellees live prohibits community members from maintaining chickens of any kind for any reason, by keeping chickens, appellees are in violation of the covenant; thus, the trial court made an error of law by limiting the number of chickens on the property to five.

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�1 These are cross-appeals from a final decree dated April 16, 2001, in the Monroe County Court of Common Pleas granting, in part, the request of Appellant, Buck Hills Falls Company, for a permanent injunction to stop Appellees, Press and Sawyer, from maintaining chickens on their property. *fn2

Appellees cross-appeal the trial court’s order limiting the number of chickens on their property to five, seeking instead allowance to keep eleven chickens at any one time. For the reasons set forth below we reverse.

�2 Buck Hills Falls Corporation (“BHFC”), is a publicly owned Pennsylvania for-profit development company that owns the common areas and facilities in Buck Hills Falls. On September 8, 1992, Appellees, Clifford Press and Elizabeth Sawyer, purchased a home in the Buck Hills Falls development, a residential community where many of the residents, including Appellees, have vacation homes.*fn3 Since 1998, Appellees have raised bantam chickens on their property. During the summer of 1998 Appellees had as many as twenty chickens, including a number of roosters. To house the flock, Appellees built a permanent metal structure which extends beyond the outside wall of the house by four feet.

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