Christmas came early at the Metzger household in 1961. Paul and Wanda Metzger bought their three daughters what they had all been asking for, the only thing they asked for: a pony.
King was a black and white Shetland Pony that the couple purchased for their three daughters, Wanda (age 8), Debbie (6), and Marcia (4). Mr Metzger built a shed in the backyard of their home to house the pony.
While it is not noted in any news story how it happened, the matter of the pony ended up before the Evesham Township Zoning Board. Shortly after getting the pony, the Zoning Board ordered the family to get rid of it, as it violated the local Zoning ordinances. The vote was 3-1, with the lone dissenter noting that there was nothing in the township code forbidding ponies. The Metzger's had stated that on one side of the Metzger home were two vacant homes, and on the other side, the neighbor had no objections to the pony. But it was to no avail and they were ordered to remove the pony.
While much of Evesham was rural back then, the Metzger's lived in the development of Heritage Village, which had been built 3 years earlier.
Mrs Metzger stated that she had spoken with Evesham Township Committeeman Robert Hutton prior to getting the pony, and he had stated there would be no issue with a pony. Mr Hutton, on the other hand, claimed not to recall that conversation. The Metzger's were threatened with a $150 fine if they did not get rid of the pony.
The Metzger's appealed the Zoning Board decision. At another hearing several days later, the Metzger's had brought a petition with 17 signatures. Board Member Fred Greiner noted "only 12 uses for residential agricultural districts are noted" in the township code, and a pony was not one of them. When it was asked whether a dog or cat could be excluded using this same language, Mr Greiner responded "That is not the question before the board". Mr Greiner also stated that had Mr Metzger obtained a permit for the shed he built for the pony, as he was required to do, he would have learned that he was unable to house a pony in his yard.
Only three board members were in attendance at the appeal, and the vote was 2-1, with the lone dissent again noting that there was nothing in the code precluding a pony. After the vote, the Zoning board threatened legal action of the pony was not removed by New Years Eve.
The Evesham Committee (precursor to the Town Council) met a few days later, and the Metzgers appealed to the Committee for assistance. However, while the attorney for the town stated he was unsure if this decision was within the purview of the Committee, Mayor Harry McElhone asked why the town would have a Zoning Board if they weren't going to follow their decisions. The Committee declined to intervene.
Following the Evesham Committee meeting, the Metzgers appealed the decision to a municipal court judge, who refused to reverse the decision in March of 1962.
As of June 1, 1962, the Metzgers still had their pony, and a court date was scheduled before the Burlington County Court, with the attorney for the Zoning Board arguing the Metzgers had no permit for the shed and no certificate of conformity. The attorney for the Metzgers argued that the pony should be considered a domestic pet and not expressly prohibited, and that since the shed cost under $100 to build, it required no permit.
Unfortunately, this is the end of the trail I have been able to find. If anyone knows the end of this story, please let me know!
King was a black and white Shetland Pony that the couple purchased for their three daughters, Wanda (age 8), Debbie (6), and Marcia (4). Mr Metzger built a shed in the backyard of their home to house the pony.
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| Courier Post 12/18/1961 |
While it is not noted in any news story how it happened, the matter of the pony ended up before the Evesham Township Zoning Board. Shortly after getting the pony, the Zoning Board ordered the family to get rid of it, as it violated the local Zoning ordinances. The vote was 3-1, with the lone dissenter noting that there was nothing in the township code forbidding ponies. The Metzger's had stated that on one side of the Metzger home were two vacant homes, and on the other side, the neighbor had no objections to the pony. But it was to no avail and they were ordered to remove the pony.
While much of Evesham was rural back then, the Metzger's lived in the development of Heritage Village, which had been built 3 years earlier.
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| Heritage Village in 1963. The Metzger's lived on Douglas Terrace, indicated by the arrow. Map reprinted with permission from HistoricAerials.com |
Mrs Metzger stated that she had spoken with Evesham Township Committeeman Robert Hutton prior to getting the pony, and he had stated there would be no issue with a pony. Mr Hutton, on the other hand, claimed not to recall that conversation. The Metzger's were threatened with a $150 fine if they did not get rid of the pony.
The Metzger's appealed the Zoning Board decision. At another hearing several days later, the Metzger's had brought a petition with 17 signatures. Board Member Fred Greiner noted "only 12 uses for residential agricultural districts are noted" in the township code, and a pony was not one of them. When it was asked whether a dog or cat could be excluded using this same language, Mr Greiner responded "That is not the question before the board". Mr Greiner also stated that had Mr Metzger obtained a permit for the shed he built for the pony, as he was required to do, he would have learned that he was unable to house a pony in his yard.
Only three board members were in attendance at the appeal, and the vote was 2-1, with the lone dissent again noting that there was nothing in the code precluding a pony. After the vote, the Zoning board threatened legal action of the pony was not removed by New Years Eve.
The Evesham Committee (precursor to the Town Council) met a few days later, and the Metzgers appealed to the Committee for assistance. However, while the attorney for the town stated he was unsure if this decision was within the purview of the Committee, Mayor Harry McElhone asked why the town would have a Zoning Board if they weren't going to follow their decisions. The Committee declined to intervene.
As of June 1, 1962, the Metzgers still had their pony, and a court date was scheduled before the Burlington County Court, with the attorney for the Zoning Board arguing the Metzgers had no permit for the shed and no certificate of conformity. The attorney for the Metzgers argued that the pony should be considered a domestic pet and not expressly prohibited, and that since the shed cost under $100 to build, it required no permit.
Unfortunately, this is the end of the trail I have been able to find. If anyone knows the end of this story, please let me know!
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