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MAHONY v. TOWNSHIP OF HAMPTON

539 Pa. 193 (1994)

651 A.2d 525

Jack D. MAHONY, Appellant, v. TOWNSHIP OF HAMPTON, Appellee.

Supreme Court of Pennsylvania.

Decided December 16, 1994.

Reargument Denied February 10, 1995.

Attorney(s) appearing for the Case

Michael T. Collis, Harvey E. Robins, Brennan, Robins & Daley, Pittsburgh, PA, for appellant.

John R. Luke, Thomas H. Ayoob, III, Luke, Fraas & Miller, Pittsburgh, PA, for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from the order of the Commonwealth Court upholding a zoning ordinance of the Township of Hampton which prohibits a private enterprise from operating gas wells in residential districts but permits public operation of such wells, 158 Pa.Cmwlth. 681, 632 A.2d 1102. Appellant challenges the distinction between public and private operations, alleging that such a distinction is arbitrary and unreasonable...

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