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HUNLOCK TP. v. HUNLOCK SAND & GRAVEL

144 Pa.Commw. 499 (1992)

601 A.2d 1305

HUNLOCK TOWNSHIP and Hunlock Township Board of Supervisors, Appellants, v. HUNLOCK SAND AND GRAVEL CORPORATION, Appellee.

Commonwealth Court of Pennsylvania.

Decided January 7, 1992.

Attorney(s) appearing for the Case

David R. Lipka, for appellants.

No appearance for appellee.

Before McGINLEY and BYER, JJ., and NARICK, Senior Judge.

BYER, Judge.

This appeal requires us to decide whether Hunlock Township has the power to enact an ordinance forbidding the maintenance, operation and utilization of a sludge composting facility, a sewage sludge composting utilization facility, or a solid waste facility within a 2,000 feet radius of any residence or residential area. The Court of Common Pleas of Luzerne County invalidated the township's Solid Waste Landfill, Incineration, Sewage Sludge, Composting...

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