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TINICUM TP. v. NOWICKI

No. 2237 C.D. 2013

99 A.3d 586 (2014)

TINICUM TOWNSHIP v. Allan J. NOWICKI and River Road Quarry, LLC v. River Road Quarry, LLC and Pennswood Hauling, LLC v. Tinicum Township Zoning Hearing Board. Appeal of: River Road Quarry, LLC and Pennswood Hauling, LLC.

Commonwealth Court of Pennsylvania.

Decided September 9, 2014.

Attorney(s) appearing for the Case

Jeffrey S. Treat , Honesdale, and Robert W. Gundlach, Jr. , Warrington, for appellants.

Stephen B. Harris , Warrington, for appellees.

BEFORE: DAN PELLEGRINI, President Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and RENÉE COHN JUBELIRER, Judge, and ROBERT SIMPSON, Judge, and MARY HANNAH LEAVITT, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge.

OPINION BY Judge COHN JUBELIRER.

River Road Quarry, LLC (River Road) and Pennswood Hauling, LLC (Pennswood) (collectively, Landowners) appeal from the Order of the Court of Common Pleas of Bucks County (trial court) that affirmed the Order of the Tinicum Township Zoning Hearing Board (Board) holding that River Road's operation of a business producing mulch on its property (the Property) located in Tinicum Township (Township) violated the Township Zoning Ordinance...

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