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SAVE OUR LOCAL ENV. v. FOSTER TP.

137 Pa.Commw. 505 (1991)

587 A.2d 30

SAVE OUR LOCAL ENVIRONMENT II, Lawrence P. and Linda Korpalski, Charles Wassel, Kenneth Powley and Thomas Meyers, Sr., Appellants, v. FOSTER TOWNSHIP BOARD OF SUPERVISORS and Beltrami Enterprises, Inc. t/a Tri-County Sanitation Company, Appellees.

Commonwealth Court of Pennsylvania.

Decided February 6, 1991.

Reargument Denied March 25, 1991.

Attorney(s) appearing for the Case

John E. Childe, Jr., Hummelstown, for appellants.

George R. Hludzik, Hazleton, for appellee, Foster Tp.

Leonard N. Zito, Zito, Martino & Karasek, Bangor, for appellee, Beltrami Enterprises.

Before McGINLEY and KELLEY, JJ., and CRUMLISH, Jr., Senior Judge.

OPINION

CRUMLISH, Jr., Senior Judge.

A citizen's group known as Save Our Local Environment II (SOLE II) appeals a Luzerne County Common Pleas Court order granting Beltrami Enterprises' (Beltrami) motion for summary judgment. We reverse.

Beltrami applied for a curative amendment to the Foster Township zoning ordinance which would allow him to use 3300 acres of his land for solid waste disposal...

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