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HOFFMAN MIN. v. ZONING HEARING BD.

No. 23 WAP 2009.

32 A.3d 587 (2011)

HOFFMAN MINING COMPANY, INC., Appellant v. ZONING HEARING BOARD OF ADAMS TOWNSHIP, CAMBRIA COUNTY, and Township of Adams, Appellees.

Supreme Court of Pennsylvania.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Michael W. Sahlaney , Sahlaney & Dudeck Law Office, Johnstown, for Hoffman Mining Company, Inc.

Kevin J. Garber , Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, for Appellant Amicus Curiae, the PA Coal Assoc. & the PA Aggregates & Concrete Assoc.

William Gleason Barbin , Gleason, McQuillan, Barbin & Markovitz, L.L.P., Johnstown, for Township of Adams.

Gary Lee Costlow , Ebensburg, for Zoning Hearing Board of Adams Township.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice McCAFFERY.

In this appeal, the question presented is whether the Surface Mining Conservation and Reclamation Act1 (hereinafter the "Surface Mining Act") preempts a provision in a local zoning ordinance that establishes a setback for mining activities from all residential structures. We hold that the local zoning provision is not preempted, and so affirm the order of the Commonwealth Court.

The zoning...

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