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C.A.N.D.L.E. ET AL. v. BD. OF C., FAYETTE CO. ET AL.

Nos. 2489 C.D. 1984 and 1679 C.D. 1985.

93 Pa.Commw. 547 (1985)

C.A.N.D.L.E., et al., Appellants v. Board of Commissioners of Fayette County and Commercial Stone Co., Inc., Appellees. C.A.N.D.L.E., et al., Appellants v. Board of Commissioners of Fayette County and Commercial Stone Co., Inc., Appellees.

Commonwealth Court of Pennsylvania.

December 18, 1985.

Attorney(s) appearing for the Case

Gary Robert Fine, McBride, Wiker and Fine, for appellants.

Philip T. Warman, for appellee, Board of Commissioners of Fayette County.

William M. Radcliffe, with him, Charles O. Zebley, Jr., Coldren, DeHaas & Radcliffe, for appellee, Commercial Stone Co., Inc.

Argued October 7, 1985, before Judges DOYLE and COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE COLINS, December 18, 1985:

On April 5, 1984, the Board of Commissioners of Fayette County (Commissioners) passed an ordinance rezoning a total of approximately two hundred and fifty acres in order to permit Commercial Stone Co., Inc. (appellee) to conduct mineral extraction and quarrying on the site. C.A.N.D.L.E.1 (appellant), an unincorporated association, opposed the ordinance before the Commissioners. Failing in its...

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