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THREE RIVERS AL. CO. v. BRODMERKLE

No. 253 C.D. 1988.

119 Pa.Commw. 409 (1988)

547 A.2d 814

Three Rivers Aluminum Company v. George Brodmerkle et al. Catherine Robinson, Leslie Tarquinio, et vir et al., Appellants.

Commonwealth Court of Pennsylvania.

September 14, 1988.

Attorney(s) appearing for the Case

Burton C. Duerring, for appellants.

John J. Zagari, Zagari and Scalise, P.C., for appellee.

Arthur J. Leonard, with him, Thomas V. Gebler, Jr., Robb, Leonard & Mulvihill, for amicus curiae, The Marshall Township Board of Supervisors.

Argued May 26, 1988, before Judges DOYLE, PALLADINO and McGINLEY, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 14, 1988:

This appeal stems from Three Rivers Aluminum's (Appellee) successful attempt to vacate an injunction which prohibited it from serving food and alcohol to the general public in the clubhouse of its eighteen-hole golf course. For the following reasons, we reverse.

In 1945, Marshall Township (Township) enacted Ordinance No. 1, a comprehensive zoning ordinance. Under Ordinance No. 1, restaurants were permitted only in...

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