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TRI-COUNTY LANDFILL v. PINE TP. ZONING

No. 176 C.D. 2013.

83 A.3d 488 (2014)

TRI-COUNTY LANDFILL, INC., Appellant v. PINE TOWNSHIP ZONING HEARING BOARD, and Dr. Ray Yourd, Diana Hardisky, Eric Lindh and Polly Lindh, Bill Pritchard and Lisa Pritchard, Dave Dayton and Anne Dayton, Doug Bashline and The Grove City Factory Shops Limited Partnership.

Commonwealth Court of Pennsylvania.

Decided January 9, 2014.

Attorney(s) appearing for the Case

Clifford B. Levine , Pittsburgh, for appellant.

Robert B. McKinstry, Jr. , Philadelphia, for appellee The Grove City Factory Shops Limited Partnership.

Charles M. Means , Pittsburgh, for appellees Pine Township and Pine Township Zoning Hearing Board.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

In this case, one of two related, complex land use appeals, Tri-County Landfill, Inc. (Tri-County) asks whether the Court of Common Pleas of Mercer County (trial court) erred in denying its appeal and affirming (essentially in part) the decision of the Pine Township Zoning Hearing Board (ZHB) that denied Tri-County's numerous requests for zoning approval for its proposed landfill. Tri-County argues that, where doubt exists as to whether or...

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