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H. R. MILLER CO., ET AL. v. BITLER, ET AL.

No. 160 C.D. 1975.

21 Pa.Commw. 466 (1975)

H.R. Miller Co., Inc. and H. Raymond Miller v. Charles F. Bitler, Jr., Zoning Officer of Lancaster Township, Lancaster County, Pennsylvania. H.R. Miller Co., Inc., Appellant.

Commonwealth Court of Pennsylvania.

October 29, 1975.

Attorney(s) appearing for the Case

Nevin Stetler, with him Stuart M. Neely, and Stetler & Gribbin, for appellant.

Louis J. Farina, with him May, Grove, Stork & Blakinger, for appellee.

Argued September 11, 1975, before President Judge BOWMAN and Judges KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE KRAMER, October 29, 1975:

This is an appeal by H.R. Miller Co., Inc., and H. Raymond Miller (collectively referred to as Miller) from an order of the Court of Common Pleas of Lancaster County which dismissed Miller's complaint in mandamus. The complaint had requested that the court order the appellee, Charles F. Bitler, to issue permits authorizing Miller to expand preexisting quarrying operations and to commence new quarrying operations.

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