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HHI TRUCKING & SUPPLY v. OAKMONT BOR. COUN.

No. 421 C.D. 2009.

990 A.2d 152 (2010)

HHI TRUCKING & SUPPLY, INC. v. BOROUGH COUNCIL OF the BOROUGH OF OAKMONT, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 5, 2010.

Attorney(s) appearing for the Case

Shawn N. Gallagher, Pittsburgh, for appellant.

Patricia L. Dodge, Pittsburgh, for appellee.

BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, and QUIGLEY, Senior Judge.

OPINION BY Judge LEAVITT.

The Council of the Borough of Oakmont (Borough Council) appeals an order of the Court of Common Pleas of Allegheny County (trial court) setting aside 14 of the 33 conditions imposed by Borough Council in connection with its grant of a conditional use to HHI Trucking & Supply, Inc. The trial court set aside the conditions because the evidence of record did not support their imposition. Finding no error in the trial court's conclusion,...

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