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H.R. MILLER CO. v. BOARD OF SUP'RS

529 Pa. 478 (1992)

605 A.2d 321

H.R. MILLER COMPANY, INC., Appellant, v. BOARD OF SUPERVISORS OF LANCASTER TOWNSHIP, Appellee.

Supreme Court of Pennsylvania.

Decided March 27, 1992.

Attorney(s) appearing for the Case

Terry R. Bossert, Harrisburg, for appellant.

Frank J. Vargish, III, Elizabeth A. Hambrick-Stowe, Lancaster, for appellee Bd. of Sup'rs of Lancaster Tp.

Robert M. Frankhouser, Jr., Lancaster, for appellee School Dist. of Lancaster.

Gregory Paulson, Lancaster, for Gable Park Assoc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

ZAPPALA, Justice.

H.R. Miller Company, Inc., challenged the Lancaster Township zoning ordinance, claiming that it excluded a legitimate commercial use, i.e., quarrying. In conjunction with its challenge, the Company submitted a proposed curative amendment, suggesting that the deficiency be corrected by amending the zoning map to include a Mineral Recovery District encompassing land owned by the...

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