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GERYVILLE MATERIALS, INC. v. PLANNING COM'N

No. 1341 C.D. 2012.

74 A.3d 322 (2013)

GERYVILLE MATERIALS, INC., Appellant v. PLANNING COMMISSION OF LOWER MILFORD TOWNSHIP, LEHIGH COUNTY, Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided July 30, 2013.

Attorney(s) appearing for the Case

Stephen B. Harris , Warrington, for appellant.

Patrick M. Armstrong , Perkasie, for appellees Don Weinberg and Lori Weinberg.

David M. Backenstoe , Hellertown, for appellee Planning Commission of Lower Milford Township.

Mark S. Cappuccio , Doylestown, for appellees Lower Milford Township and Planning Commission of Lower Milford Township.

BEFORE: LEADBETTER, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Geryville Materials, Inc. appeals an order of the Court of Common Pleas of Lehigh County (trial court) that affirmed the Lower Milford Township Planning Commission's disapproval of Geryville's preliminary plan to develop a stone quarry. Geryville argues that the trial court and the Planning Commission erred in their construction and application of the applicable ordinances. We reverse and remand.

Geryville owns land in Lower Milford...

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