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BEAVER v. BOROUGH OF JOHNSONBURG

Civ. A. No. 95-72 Erie.

410 F.Supp. 556 (1976)

James J. BEAVER et al., Plaintiffs, v. The BOROUGH OF JOHNSONBURG, a Municipal Corporation, et al., Defendants.

United States District Court, W. D. Pennsylvania.

March 26, 1976.

Attorney(s) appearing for the Case

M. Bruce McCullough, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for plaintiffs.

Anthony B. Trambley, St. Marys, Pa., for Borough, defendants.

John F. Potter, Erie, Pa., for all other defendants except Penntech.

Raymond G. Hasley, Rose, Schmidt & Dixon, Pittsburgh, Pa., for Penntech.

OPINION

WEBER, District Judge.

At the commencement of trial of the above action the defendant Penntech Paper Company moved to dismiss on the grounds that the zoning ordinance of the Borough of Johnsonburg and the permit issued under said ordinance could not be constitutionally enforced against Defendant Penntech because the standards of the ordinance were so unconstitutionally vague as to make impossible their application to Penntech Paper Company's operations...

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