CTY. OF VENANGO v. BOR. OF SUGARCREEK


534 Pa. 1 (1993)

626 A.2d 489

COUNTY OF VENANGO, v. BOROUGH OF SUGARCREEK, ZONING HEARING BOARD. Appeal of Judy KRESENSKE, Nola L. Barnes, James Holden, Caryl Holden, Daniel Brenneman, Beverly A. Brenneman, Lowell J. Thomas, Beverly Thomas, Robert Adams, Howard Barger, Shirley Barger, Ada Audine, Wilt Deeter, Robert T. Bell, R. Thomas Bell, John E. Cutchall, Glenn Fulmer, Louis Dalmaso, Louise Dalmaso, Mark Daley, Kathryn Daley, Frances Payne, Larry Green, Mary Black, Dale W. Green, Michael Shook, Cynthia Shook, William Vallesalice, Harold Moore and Francie E. Gibbons.

Supreme Court of Pennsylvania.

Decided May 26, 1993.


Attorney(s) appearing for the Case

Bruce T. Rosen, Rosen Rosen & Bloom, Oil City, for appellants.

Robert W. McFate, McFate, McFate & McFate, Oil City, for appellees.

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


OPINION

ZAPPALA, Justice.

This appeal presents a single issue: whether the powers of Venango County under the County Code, Act of August 9, 1955, P.L. 323, as amended, 16 P.S. §§ 2305, 2315, are pre-eminent over the Zoning Ordinance adopted by Sugarcreek Borough under the authority of Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10601.

The County owns approximately 335 acres of land in the Borough...

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