Hartman's offered nude dancing in violation of the state Liquor Code, Leadbetter noted, so AEE can't make the case that there is a legal nonconforming use allowing it, Leadbetter found. Leadbetter's court also rejected another argument by the club owner, AEE Encounters Inc., that it should be allowed to start offering nude dancers because a predecessor at the site, Hartman's Cafe, had such entertainment. The club is allowed to continue offering topless dancing only because the property was used for that form of adult entertainment before Columbia enacted its zoning ordinance in 1999. That finding doesn't help Club Good Times because it is in the the borough's downtown historic district, where adult entertainment isn't permitted as a regular use. By overturning Miller and finding that Glatfelter Field is a park, the state judges determined that the Anvil tract is open to adult entertainment development, so Columbia doesn't illegally exclude such businesses. So nude dancing would be allowed in a facility on the Anvil tract if Glatfelter Field is deemed a park, but not if the field is classified as a school. tract near Malleable Road where Columbia allows adult entertainment facilities is outside the 500-foot exclusion zone from Glatfelter Field, but is less than 1,000 feet from the field. Leadbetter noted that a general industrial zoning district on the Anvil Corp. The distinction is important in this case because the borough's zoning ordinance prohibits adult entertainment facilities from being located within 1,000 feet of a school, but allows them within 500 feet of a park. Miller based her decision on a finding that the Columbia School District's Glatfelter Field is a school, not a public park as the zoning board concluded. That's not true, the Commonwealth Court panel concluded in an opinion by Senior Judge Bonnie Brigance Leadbetter. Miller found the borough zoning ordinance was illegally preventing such nude adult entertainment from operating anywhere in Columbia. Miller reversed a borough zoning board decision that blocked Club Good Times from allowing its dancers to perform totally in the buff. Columbia Borough officials appealed to the state court after county Judge Margaret C. The dispute has been going on for four years. The state court's decision means that, for now at least, the dancers at Club Good Times on Union Street will have to settle for going topless. A Lancaster County judge's ruling that would have allowed nude dancers to start shimmying at a club in Columbia was shot down Thursday by a panel of Commonwealth Court.
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