by peter e. bortner
Coaldale officials did not prove a borough couple operated a kennel in violation of the zoning ordinance, a Schuylkill County judge ruled Thursday.
Robert A. and Bethany Bachert are not guilty of violating the ordinance, Judge James P. Goodman ruled after a 45-minute hearing.
Zoning Officer Peter A. Sachon had charged the Bacherts with operating the kennel on June 20, 2013, at 1 Bull Run St.
"There were several dogs running around the property," Sachon testified.
Sachon, the only witness who testified at Thursday's hearing, said a kennel is not permitted on the property, which is zoned R-1 Residential.
"R-1 zoning is for residential use only," he said when questioned by borough solicitor Michael S. Greek, Lansford.
Furthermore, state records show the Bacherts have a kennel on the property, and the county court had ruled the same way in a 2007 zoning case, Sachon said.
However, when cross-examined by Andrew B. Zelonis, Barnesville, the Bacherts' lawyer, Sachon said he did not enter the property to check on the exact number of dogs on it, although he said he believes there are eight.
Goodman said the lack of specific evidence about the property in 2013 was crucial.
"Why not go on the property and inspect the property?" he asked Sachon. "You have to get on the property."
Magisterial District Judge Stephen J. Bayer, Tamaqua, had found the Bacherts guilty on Sept. 25, but the defendants appealed that ruling on Oct. 23.