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FOSTER GRADING CO. v. VENANGO TWP. Z. H. B.

No. 19 C.D. 1979.

49 Pa.Commw. 1 (1980)

Foster Grading Company, Appellant v. Venango Township Zoning Hearing Board, Appellee.

Commonwealth Court of Pennsylvania.

January 23, 1980.

Attorney(s) appearing for the Case

James F. Toohey, with him, Gary Skiba, Quinn, Gent, Buseck and Leemhuis, Inc., for appellant.

Jay S. Nedell, with him, W. Gustave McGeorge, Nedell, Underman & McGeorge, for appellee.

Argued December 6, 1979, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 23, 1980:

This is the appeal of the Foster Grading Company (Foster) from an order of the Court of Common Pleas of Erie County affirming the decision of the Venango Township Zoning Hearing Board denying Foster's application for a conditional use permit.

Foster applied to the Board for a permit to construct and operate a bituminous concrete mixing plant in an A-1 Conservation District of Venango Township. The Township's zoning...

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