TOHICKON V.T., INC. ET AL. v. TINICUM T.Z.H.B.

No. 578 C.D. 1985.

97 Pa.Commw. 244 (1986)

509 A.2d 896

Tohickon Valley Transfer, Inc., Thomas L. Treadway, Shirley A. Lojeski v. Tinicum Township Zoning Hearing Board. Tohickon Valley Transfer, Inc., Thomas L. Treadway and Shirley Lojeski, Appellants.

Commonwealth Court of Pennsylvania.

Argued April 9, 1986.


Attorney(s) appearing for the Case

John R. Crayton, McCarthy and Crayton, for appellants.

James M. Neill, with him, George M. Bush, Hartzel and Bush, for appellee.

Before President Judge CRUMLISH, JR., Judges ROGERS, CRAIG, MacPHAIL, DOYLE, BARRY and COLINS.


OPINION BY JUDGE CRAIG, May 15, 1986:

This zoning case presents an interrelated series of issues concerning a proposal to construct a trash transfer station on a site within the Planned Industrial District of Tinicum Township.

If an earlier zoning hearing board decision approving a permit in 1973 did not confer a vested right upon the present applicant, then this court must decide whether a trash transfer station now qualifies as a permitted use under the...

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