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BLUE MOUNTAIN PRESERVATION ASS'N v. TOWNSHIP OF ELDRED

867 A.2d 692 (2005)

BLUE MOUNTAIN PRESERVATION ASSOCIATION and the Appalachian Trail Conference, Appellants v. The TOWNSHIP OF ELDRED, Board of Supervisors of Eldred Township and Alpine Rose Resorts, Inc.

Commonwealth Court of Pennsylvania.

Decided February 1, 2005.

Attorney(s) appearing for the Case

Charles W. Elliott, Easton, for appellants.

Wieslaw T. Niemoczynski, Stroudsburg, for appellee, Twp. of Eldred, Bd. of Supervisors of Eldred Twp.

Emil W. Kantra, II, Center Valley, for intervenor, Alpine Rose Resorts, Inc.

BEFORE: LEADBETTER, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge LEADBETTER.

This matter arises as a result of plans by Alpine Rose Resorts, Inc. (Alpine) to develop a road course for high performance cars along with accessory structures, such as a country club, garages, fueling stations, and vehicle parts and service stations, on a 350-acre tract of land that is adjacent to the Appalachian Trail (Trail). Blue Mountain Preservation Association and The Appalachian Trail Conference (collectively, Appellants

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