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GIBRALTAR ROCK, INC. v. NEW HANOVER TP.

No. 468 C.D. 2012

68 A.3d 1012 (2013)

GIBRALTAR ROCK, INC. and Sahara Sand, Inc., Appellants v. NEW HANOVER TOWNSHIP ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

Decided April 22, 2013.

Attorney(s) appearing for the Case

Stephen B. Harris , Warrington, for appellants.

Robert L. Brant, Jr. , and Wendy F. McKenna , Trappe, for appellee New Hanover Township.

Edward A. Skypala , Pottstown, for appellee New Hanover Township Zoning Hearing Board.

Rowan C. Keenan , Collegeville, for appellees Barry Stevens, Carol Stevens, John Auman and Geraldine Auman.

BEFORE: PELLEGRINI, President Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Gibraltar Rock, Inc. and Sahara Sand, Inc. (collectively, Landowners) appeal an order of the Court of Common Pleas of Montgomery County (trial court) denying their request for a deemed approval of their application to operate a quarry. In their 2007 application for a zoning permit, Landowners brought a procedural challenge to the current Zoning Ordinance of New Hanover Township and a substantive challenge to the former version of the Zoning...

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