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MOUNTAIN PROTECTION ALLIANCE v. FAYETTE CTY. ZONING HEARING BD.

757 A.2d 1007 (2000)

MOUNTAIN PROTECTION ALLIANCE, a committee of the Mountain Watershed Association, Kerry Popernack and Marsha Popernack, his wife, Charles Warner, John Monaco and Diane Monaco, his wife, Barry Donaldson and Brenda Donaldson, his wife, Ed Baer and Jane Baer, his wife and Donna Bigham, Appellants, v. FAYETTE COUNTY ZONING HEARING BOARD and Amerikohl Mining Company.

Commonwealth Court of Pennsylvania.

Decided August 10, 2000.

Attorney(s) appearing for the Case

Andrea Geraghty, Pittsburgh, for appellants.

Charles O. Zebley, Jr., Uniontown, for appellees.

Before: KELLEY, Judge, FLAHERTY, Judge, and NARICK, Senior Judge.

FLAHERTY, Judge.

Mountain Protection Alliance (MPA) appeals from an order of the Court of Common Pleas of Fayette County which granted the motion to quash filed by Amerikohl Mining Company, Inc. (Amerikohl) in response to MPA's appeal. We affirm.

The history of this case is as follows. Amerikohl applied for a special exception to conduct quarrying operations. Eight hearings were conducted before the Fayette County Zoning Hearing Board (Board). At its last...

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