Geryville Materials, Inc. v. Planning Comm’n of Lower Milford Twp., 74 A.3d 322 (Pa. Commw. Ct. 2013).
Municipality preempted by Noncoal Surface Mining Conservation and Reclamation Act from regulating operational aspects of stone quarry.
Developer’s plan for a stone quarry on a portion of its land in the Township was rejected by the Planning Commission after many hearings. Geryville appealed the decision. The trial court upheld the Planning Commission’s decision. The Commonwealth Court reversed holding that the Zoning Ordinance was preempted by the Noncoal Surface Mining Conservation and Reclamation Act because the Zoning Ordinance attempted to regulate operations when local ordinances are permitted only to regulate traditional land use issues (e.g. location).
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