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MILLER & SON PAVING v. PLUMSTEAD TP.

552 Pa. 652 (1998)

717 A.2d 483

MILLER AND SON PAVING, INC., Appellee v. PLUMSTEAD TOWNSHIP, BUCKS COUNTY, Pennsylvania, Appellant.

Supreme Court of Pennsylvania.

Decided August 19, 1998.

Attorney(s) appearing for the Case

James C. Schwartzmann, Catherine M. Harper, Fort Washington, for Plumstead Tp.

Terry W. Clemons, Doylestown, for Amicus, Wrightstown Twp.

Thomas L. Wenger, Harrisburg, for Amicus, Twp. Supervisors.

Thomas W. Scott, Harrisburg, for Amicus, Pa. Inv. Council.

Stephen B. Harris, Warrington, for Miller & Son Paving, Inc.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

ZAPPALA, Justice.

We granted allocatur to determine whether the Commonwealth Court erred in holding that a township zoning ordinance, which was found unconstitutional due to its exclusion of quarrying as a permitted use, automatically effected a compensable temporary de facto taking of the landowner's property. For the reasons that follow, we reverse the order of the Commonwealth Court and hold that a per se compensable taking does...

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