HARRIS-WALSH, INC. v. DICKSON CITY BORO.


420 Pa. 259 (1966)

Harris-Walsh, Inc. v. Dickson City Borough, Appellant.

Supreme Court of Pennsylvania.

January 17, 1966.


Attorney(s) appearing for the Case

John E.V. Pieski, for appellant.

Morey M. Myers, with him Gelb, Carey & Myers, for appellee.

William J. Oliver, with him Oliver, Price and Rhodes, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE JONES, January 17, 1966:

This appeal involves a challenge, successful in the court below, to the validity of a borough ordinance which seeks to regulate, within the territorial limits of the borough, the future mining of anthracite coal by the strip mine method.

Since 1950, Harris-Walsh, Inc. (Harris-Walsh), has been engaged in the removal of anthracite coal1 by strip mining within the limits of the Borough...

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