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BLISS EXCAVATING CO. v. LUZERNE CO.

418 Pa. 446 (1965)

Bliss Excavating Company v. Luzerne County, Appellant.

Supreme Court of Pennsylvania.

June 30, 1965.

Attorney(s) appearing for the Case

Peter Paul Olszewski, Solicitor, with him Blythe H. Evans, Jr., Sandor Yelen, and James Lenahan Brown, Assistant Solicitors, for Luzerne County, appellant.

Henry Thalenfeld, with him J. Earl Langan, Andrew Hourigan, Jr., Franklin B. Gelder, Joseph I. Reynolds, III, Israel T. Klapper, Theodore R. Laputka, S. Keene Mitchell, Christopher Powell and Thomas F. Gill, for appellees.

Leon Ehrlich, Deputy Attorney General, for Commonwealth.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, June 30, 1965:

This is an appeal from a preliminary injunction restraining officers, agents and employees of Luzerne County, inter alia, "from putting into effect or enforcing section 2.05, and its various subsections, of the . . . zoning ordinance of Luzerne County." Section 2.05 and its various subsections regulate the use of land for "Excavation of Sand, Gravel, Coal or Other Minerals and Rock and Peat Moss, for Sale." Plaintiff-appellees...

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