Citation:

Geryville Materials, Inc. v. Planning Comm’n of Lower Milford Twp., 74 A.3d 322 (Pa. Commw. Ct. 2013).

Summary:
Municipality preempted by Noncoal Surface Mining Conservation and Reclamation Act from regulating operational aspects of stone quarry.
Case Details:

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).

Disclaimer
No liability is assumed with respect to the use of information contained in this website. Laws may be amended or court rulings made that could affect a particular procedure, issue, or interpretation. The Department of Community & Economic Development assumes no responsibility for errors and omissions nor any liability for damages resulting from the use of information contained herin. Please contact your local solicitor for legal advice.