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SPENCER ET AL. v. McKEAN T. Z.H.B. ET AL.

No. 3512 C. D. 1986.

113 Pa.Commw. 521 (1988)

537 A.2d 943

James C. Spencer and Ronald A. Nielson v. McKean Township Zoning Hearing Board et al. The Township of McKean, Appellant. James C. Spencer and Ronald A. Nielson v. McKean Township Zoning Hearing Board et al. Township of Fairview, Appellant. James C. Spencer and Ronald A. Nielson v. McKean Township Zoning Hearing Board et al. H. L. McElroy et al., Appellants.

Commonwealth Court of Pennsylvania.

February 18, 1988.

Attorney(s) appearing for the Case

Andrew J. Connor, with him, Thomas E. Kuhn, and George Joseph, for appellants.

Joseph J. May, for appellees.

Argued November 16, 1987, before Judges CRAIG, COLINS, and Senior Judges BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, February 18, 1988:

McKean Township appeals an order of Judge ROGER M. FISCHER, of the Court of Common Pleas of Erie County, reversing the McKean Township Zoning Hearing Board's denial of the application of James C. Spencer and Ronald Nielson for a special use permit to construct and operate a landfill.

On January 5, 1983, Spencer applied for a special use permit to locate the landfill on a 65-acre tract, bordered by Interstate 90 and...

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