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MINE S.A. CO. v. MARSHALL T. BD. OF SUPV.

Nos. 2843 C.D. 1987 and 2885 C.D. 1987.

122 Pa.Commw. 122 (1988)

551 A.2d 634

Mine Safety Appliances Company v. Marshall Township Board of Supervisors. Alfred M. Tarquinio, Alexander McAliley, Burton C. Duerring v. Marshall Township Zoning Hearing Board. Alfred M. Tarquinio, Alexander McAliley and Burton C. Duerring, Appellants. Marshall Township Board of Supervisors, Appellant v. Mine Safety Appliances Company, Appellee.

Commonwealth Court of Pennsylvania.

December 14, 1988.

Attorney(s) appearing for the Case

Arthur J. Leonard, with him, Thomas V. Gebler, Jr., Robb, Leonard & Mulvihill, for appellant, Marshall Township Board of Supervisors.

Burton C. Duerring, for appellants, Alfred M. Tarquinio, et al.

Richard T. Wentley, with him, Charles L. Albright, Jr., Reed, Smith, Shaw & McClay, for appellee, Mine Safety Appliances Company.

Argued October 6, 1988, before Judges CRAIG and McGINLEY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 14, 1988:

The issue is whether a private driveway in a district zoned rural residential may be used to serve an industrial use in a district of an adjacent municipality where the industrial use is allowed and exists. On the basis of Atria, Inc. v. Board of Adjustment of Mount Lebanon Township, 438 Pa. 317, 264 A.2d 609 (1970), we conclude that private road access to an industrial use facility...

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