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AMERIKOHL MIN. v. ZONING HEARING BD.

142 Pa.Commw. 249 (1991)

597 A.2d 219

AMERIKOHL MINING INC., Appellant, v. The ZONING HEARING BOARD OF WHARTON TOWNSHIP and Wharton Township and Deer Lake Improvement Association, Inc., Appellees.

Commonwealth Court of Pennsylvania.

Decided August 29, 1991.

Attorney(s) appearing for the Case

Stanley R. Geary, for appellant.

Steve P. Leskinen, for appellees.

Before DOYLE and SMITH, JJ., and BARBIERI, Senior Judge.

DOYLE, Judge.

Amerikohl Mining, Inc. (Amerikohl) appeals from an order of the Court of Common Pleas of Fayette County which affirmed the decision of the Zoning Hearing Board of Wharton Township (Board) to deny Amerikohl's application for a special exception.

The pertinent facts are as follows: On November 16, 1989, Amerikohl filed with the Board a petition for a special exception to conduct surface coal mining operations on a tract of land located in an area...

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