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WMI PROP., INC. v. FALLS TWP. Z.H.B.

No. 1478 C.D. 1986.

102 Pa.Commw. 251 (1986)

517 A.2d 1378

WMI Properties, Inc., Appellant v. Falls Township Zoning Hearing Board, Appellee.

Commonwealth Court of Pennsylvania.

November 18, 1986.

Attorney(s) appearing for the Case

Fred P. Bosselman, with him, Edward F. Ryan and Mark E. Burkland, Burke, Bosselman & Weaver, and William J. Carlin and John P. Koopman, Begley, Carlin & Mandio, for appellant.

John W. Donaghy, with him, James J. Auchinleck, Curtin and Heefner, for appellee.

Argued September 9, 1986, before Judges CRAIG and BARRY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, November 18, 1986:

WMI Properties, Inc. (WMI) appeals an order of the Court of Common Pleas of Bucks County affirming the Falls Township Zoning Hearing Board's denial of WMI's application for a sanitary landfill use. This court's decision must be to reverse and remand.

The salient question is whether the township zoning ordinance is invalidly exclusionary for failure to make...

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