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DENISON ET AL. v. PETRENCHAK ET AL.

No. 475 C.D. 1974.

16 Pa.Commw. 383 (1974)

J.A. Denison, Manager-Real Estate, Delaware and Hudson Railway, Appellant, v. Joseph Petrenchak, Zoning Officer, Township of Plains, Appellee.

Commonwealth Court of Pennsylvania.

November 20, 1974.

Attorney(s) appearing for the Case

James E. O'Brien, for appellant.

Joseph C. Giebus, for appellee.

Argued October 11, 1974, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, November 20, 1974:

The Delaware and Hudson Railway Company, a public utility operating in interstate commerce, has appealed from an order of the Court of Common Pleas of Luzerne County dismissing its appeal from its conviction (and sentence to pay a fine of $175 and costs) by a justice of the peace in summary proceedings of violating the zoning ordinance of Plains Township. The appellant has had a railroad yard in the township since a time...

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