Township of Paradise v. Mt. Airy Lodge, Inc.

Opinion by

Judge Craig,

Pursuing its challenge that zoning is exclusionary, Mt. Airy Lodge appeals an order of tbe Court of Common Pleas of Monroe County, which affirmed the decision of the Zoning Hearing Board of Paradise Township denying Mt. Airy’s appeal1 from a cease- and-desist order, issued under the township’s zoning ordinance, that Mt. Airy cease excavation of shale from its property,2 and which also enjoined Mt. Airy from such shale excavation.

In particular, Mr. Airy asserts that the township’s zoning ordinance, which does not provide for an industrial zone, is exclusionary because it…