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HOFFMAN MINING CO., INC. v. ZONING HEARING BD. OF ADAMS TOWNSHIP

No. 2122 C.D. 2007.

958 A.2d 602 (2008)

HOFFMAN MINING COMPANY, INC., Appellant v. ZONING HEARING BOARD OF ADAMS TOWNSHIP, Cambria County and Township of Adams.

Commonwealth Court of Pennsylvania.

Decided October 15, 2008.

Attorney(s) appearing for the Case

Michael W. Sahlaney, Johnstown, for appellant.

Gary L. Costlow, Johnstown, for appellee.

Kevin J. Garber, Pittsburgh, for amicus curiae, The Pennsylvania Coal Association.

Blake C. Marles, Lehigh Valley, for amicus curiae, Pennsylvania Aggregates and Concrete Association.

BEFORE: SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Hoffman Mining Company, Inc. (Hoffman)1 appeals from the order of the Court of Common Pleas of Cambria County (trial court) affirming the decision of the Zoning Hearing Board of Adams Township (Board) to deny Hoffman's application for a variance to conduct surface coal mining within 300 feet of residences because a local ordinance requires a 1,000 foot setback for all mining activities and is not preempted...

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