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TWP. OF PARADISE v. MT. AIRY LODGE, INC. ET AL.

No. 1336 C.D. 1981.

68 Pa.Commw. 548 (1982)

Township of Paradise v. Mt. Airy Lodge, Inc. et al. Mt. Airy Lodge, Inc., Appellant.

Commonwealth Court of Pennsylvania.

September 1, 1982.

Attorney(s) appearing for the Case

Robert S. Bennett, Jr., Trevaskis, Calhoun, Slama & Bennett, for appellant.

Richard E. Deetz, with him George Royal IV, for appellee.

Argued June 8, 1982, before President Judge CRUMLISH and Judges ROGERS, BLATT, CRAIG and MacPHAIL.

OPINION BY JUDGE CRAIG, September 1, 1982:

Pursuing its challenge that zoning is exclusionary, Mt. Airy Lodge appeals an order of the Court of Common Pleas of Monroe County, which affirmed the decision of the Zoning Hearing Board of Paradise Township denying Mt. Airy's appeal1 from a cease-and-desist order, issued under the township's zoning ordinance, that Mt. Airy cease excavation...

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