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TINICUM TP. v. DELAWARE VALLEY CONCRETE

812 A.2d 758 (2002)

TINICUM TOWNSHIP v. DELAWARE VALLEY CONCRETE, INC. and Mario Diliberto, Appellants.

Commonwealth Court of Pennsylvania.

Decided December 13, 2002.

As Amended December 17, 2002.

As Amended December 30, 2002.

Attorney(s) appearing for the Case

William E. Benner, Doylestown, for appellants.

Robert J. Sugarman, Philadelphia, for appellee.

Thomas M. Crowley, Harrisburg, for amicus curiae, PA Dept. of Environmental Protection.

BEFORE: SMITH-RIBNER, J., PELLEGRINI, J., and FLAHERTY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Delaware Valley Concrete, Inc. and Mario Diliberto (collectively, DVC) appeal from an order of the Court of Common Pleas of Bucks County (trial court) granting Tinicum Township's (Township) request for a preliminary injunction to enjoin DVC from blasting in their quarrying operation.1

Mario Diliberto owns property in Tinicum Township that he leases to Delaware Valley Concrete for the purpose of operating...

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