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PAUPACK TP., WAYNE COUNTY v. LAKE MOC-A-TEK

863 A.2d 615 (2004)

PAUPACK TOWNSHIP, WAYNE COUNTY, Pennsylvania, By and Through the BOARD OF SUPERVISORS v. LAKE MOC-A-TEK, INC., and Moc-A-Tek Stock Car Racing Association, Inc., and Moc-A-Tek Speedway, Inc., Appeal of Moc-A-Tek Speedway, Inc.

Commonwealth Court of Pennsylvania.

Decided December 20, 2004.

Attorney(s) appearing for the Case

Joseph T. Wright, Jr., Scranton, for appellant.

Ronald M. Bugaj, Honesdale, for appellees.

Before: COLINS, President Judge, and COHN JUBELIRER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

Moc-A-Tek Speedway, Inc. (Speedway) appeals from an order of the 22nd Judicial District, County of Wayne (trial court) which granted the request for a preliminary injunction filed by Paupack Township, Wayne County, Pennsylvania, (Township) by and through the Board of Supervisors (Supervisors) requiring the cessation of all car racing activities. We affirm.

The Lake Moc-A-Tek Racetrack (Racetrack or track) is a clay surfaced...

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