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HERNLEY FAMILY TRUST v. FAYETTE COUNTY

722 A.2d 1115 (1998)

The HERNLEY FAMILY TRUST; Donald E. Johnson and Paula M. Johnson, husband and wife; Paul Conrad and Nancy Conrad, husband and wife; and Elizabeth Shirer, Appellants, v. FAYETTE COUNTY ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

Decided December 24, 1998.

Attorney(s) appearing for the Case

James S. Lederach, Scottdale, for appellants.

Wayne H. Port, Uniontown, for appellee.

Before PELLEGRINI, J., KELLEY, J., and NARICK, Senior Judge.

NARICK, Senior Judge.

The issue before this Court is whether a publicly-owned natural gas producer is entitled to construct a "public service facility" as a "utility" by special exception on land zoned agricultural/rural.

The Hernley family trust, Donald E. and Paula M. Johnson, Paul and Nancy Conrad and Elizabeth Shirer (Appellants) appeal from the order of the Court of Common Pleas of Fayette County that affirmed the grant by the Fayette County Zoning Hearing...

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