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SOUTHDOWN v. JACKSON TP. ZONING HEARING BD.

809 A.2d 1059 (2002)

SOUTHDOWN, INC., Appellant, v. JACKSON TOWNSHIP ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

Decided October 29, 2002.

Attorney(s) appearing for the Case

Paul W. Minnich, York, for appellant.

Steven M. Hovis, York, for appellee.

BEFORE: COLINS, President Judge, and PELLEGRINI, Judge (P), and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Southdown, Inc. (Southdown), appeals from an Order of the Court of Common Pleas of York County (trial court), affirming the Jackson Township Zoning Hearing Board's (Board) denial of a special exception to allow Southdown to do underground limestone mining in areas restricted to residential and agricultural use. We affirm.

Southdown owns and operates a limestone quarrying business that began...

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