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D.C. GUELICH EXPL. CO. v. Z.H.B., MIFFLIN T.

No. 1698 C.D. 1985.

105 Pa.Commw. 232 (1987)

523 A.2d 1208

D.C. Guelich Explosives Company v. The Zoning Hearing Board of Mifflin Township, Columbia County, Pennsylvania and The Supervisors of Mifflin Township, Columbia County, Pennsylvania. The Supervisors of Mifflin Township, Columbia County, Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

Argued September 9, 1986.

Attorney(s) appearing for the Case

Franklin E. Kepner, Jr., for appellant.

Frank C. Baker, for appellee.

Before Judges CRAIG and BARRY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, April 10, 1987:

The Supervisors of Mifflin Township (appellant) appeal from an order of the Court of Common Pleas of Columbia County which held that the Mifflin Township Zoning Ordinance (Ordinance) is unconstitutional, and ordered that appellee, D.C. Guelich Explosives Company, be permitted to construct its proposed facility. We reverse.

Appellee leases approximately 350 acres of land in Mifflin Township (Township). The land...

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