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HUNTLEY v. BOROUGH COUNCIL OF BOROUGH

929 A.2d 1252 (2007)

HUNTLEY & HUNTLEY, INC., Appellant v. BOROUGH COUNCIL OF the BOROUGH OF OAKMONT and the Borough of Oakmont, J. Bryant Mullen, Michelle Mullen, Mitchell J. Patti, Christine M. Patti, Diane M. Hamilton, Leo P. Bidula and Maureen M. Bidula.

Commonwealth Court of Pennsylvania.

Decided July 27, 2007.

Attorney(s) appearing for the Case

Patricia L. Dodge, Pittsburgh, for appellant.

Clifford B. Levine and Shawn N. Gallagher, Pittsburgh, for appellee, Borough of Oakmont.

Dwight David Ferguson, Pittsburgh, for appellee, J. Bryant Mullen.

BEFORE: LEADBETTER, President Judge, COLINS, Judge, McGINLEY, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge COLINS.

Huntley & Huntley, Inc. (Huntley) appeals an order of the Court of Common Pleas of Allegheny County that affirmed a decision of the Borough of Oakmont Council (Council) denying Huntley's conditional use application to allow Huntley to drill and operate a natural gas well on property owned by Robert and Jacqueline Capretto located at 927 Hulton Road in a residential subdivision in the Borough. Huntley's proposal seeks permission to extract...

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