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MILLER & SON PAVING, INC. v. WRIGHTSTOWN

499 Pa. 80 (1982)

451 A.2d 1002

MILLER & SON PAVING, INC., Appellant, v. WRIGHTSTOWN TOWNSHIP, Appellee.

Supreme Court of Pennsylvania.

Decided October 28, 1982.

Attorney(s) appearing for the Case

Stephen B. Harris, Doylestown, for appellant.

Terry Clemons, Sol., Doylestown, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant, Miller and Son Paving, Inc., asks us to hold that local zoning ordinances cannot impose setback requirements on quarrying operations because the Legislature intended the Surface Mining Conservation and Reclamation Act to preempt the field. See section 17 of the Act of November 30, 1971, P.L. 554, 52 P.S. § 1396.17. The Wrightstown Township Zoning Hearing Board held the local zoning provisions...

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