APPEAL OF HARBUCKS, INC.


126 Pa.Commw. 591 (1989)

560 A.2d 851

In re Appeal of HARBUCKS, INC., from the Decision of the Board of Supervisors of Nockamixon Township. HARBUCKS, INC., Appellant, v. BOARD OF SUPERVISORS OF NOCKAMIXON CENTER HILL, Appellee.

Commonwealth Court of Pennsylvania.

Decided June 15, 1989.

Reargument Denied August 24, 1989.


Attorney(s) appearing for the Case

Elaine M. Ross, King of Prussia, David I. Davis and Marc B. Cohen, Law Offices of Jonathan DeYoung, for appellant.

Terry W. Clemons, Clemons and Klimpl, for Nockamixon Tp. Bd. of Supervisors.

Donald L. Toner, Doylestown, for appellee.

Before CRUMLISH, Jr., President Judge, and CRAIG, BARRY, COLINS, PALLADINO, McGINLEY and SMITH, JJ.


SMITH, Judge.

Harbucks, Inc. (Harbucks) appeals from an order and decision of the Bucks County Court of Common Pleas affirming the decision of the Nockamixon Township Board of Supervisors (Board) which denied Harbucks's application for a curative amendment to the Nockamixon Township Zoning Ordinance (Ordinance) and held that the Ordinance was not exclusionary as to quarrying operations. The issues presented are whether the Ordinance permits quarrying operations within...

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