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HAZLETON AREA SCHOOL DIST. v. ZONING HEARING BD.

778 A.2d 1205 (2001)

HAZLETON AREA SCHOOL DISTRICT, Appellant, v. ZONING HEARING BOARD of Hazle Township, Appellee.

Supreme Court of Pennsylvania.

Decided August 22, 2001.

Attorney(s) appearing for the Case

Edward P. McNelis, Hazelton, for Hazelton Area School District.

Charles R. Pedri, Laputka and Pedri, Hazelton, for Hazel Township and Frank J. Skokoski, Jr., for Zoning Hearing Board of Hazel Tp.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR, JJ.

OPINION

CASTILLE, Justice.

This Court granted allocatur to consider: (1) whether the authority granted to a school district under the Public School Code to allow its facilities to be used for non-school-related activities preempts the powers to provide for the health, safety and general welfare of the community granted to a local zoning hearing board under the Municipalities Planning Code; and (2) whether the zoning board's use restrictions are merely...

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