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AM. ASPHALT PAVING CO. v. ZONING HEARING BOARD OF JACKSON TOWNSHIP

706 A.2d 1283 (1998)

AMERICAN ASPHALT PAVING COMPANY, INC. v. ZONING HEARING BOARD OF JACKSON TOWNSHIP and Jackson Township Board of Supervisors, Appellants.

Commonwealth Court of Pennsylvania.

Decided February 10, 1998.

Attorney(s) appearing for the Case

Blythe H. Evans, Wilkes-Barre, for appellants.

Frederick W. Alcaro, Kingston, for appellee.

Before DOYLE and PELLEGRINI, JJ., and RODGERS, Senior Judge.

DOYLE, Judge.

Before this Court is an appeal by the Jackson Township Board of Supervisors (Township) and the Zoning Hearing Board of Jackson Township (ZHB) (collectively, Appellants) of an order of the Court of Common Pleas of Luzerne County, which denied the ZHB's motion for a Judgement of Non Pros against American Asphalt Paving Company (American). We affirm.

American established a mining operation within Jackson Township in the early 1950s, but it was not...

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