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L. MT. BETHEL T. v. STABLER DEV. CO. ET AL.

No. 682 C.D. 1985.

97 Pa.Commw. 195 (1986)

509 A.2d 1332

Lower Mount Bethel Township, Appellant v. Stabler Development Company et al., Appellees.

Commonwealth Court of Pennsylvania.

Argued April 7, 1986.

Attorney(s) appearing for the Case

Robert J. Sugarman, with him, Cynthia L. Estlund, Sugarman & Hellegers, and Christopher T. Spadoni, for appellant.

Herbert Fishbone, Fishbone, Refowich and Scheer, with him, Frank A. Sinon, Rhoads & Sinon, for appellees.

Before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, May 12, 1986:

This is a zoning appeal wherein Lower Mount Bethel Township (Township), Appellant, appeals here an order of the Court of Common Pleas of Northampton County. That order denied the Township's request for an injunction to prevent the Appellees, Stabler Development Company (Stabler) and Eastern Industries, Inc., (Eastern), from quarrying sand and gravel, in violation of the Township's zoning ordinance, on a forty acre tract...

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