Commonwealth v. DeBaldo

Opinion by

Dithrich, J.,

Baldwin Township, a township of the first class, pursuant to the Act of June 29, 1923, P. L. 957, 53 PS §15731, its supplements and amendments, adopted a zoning ordinance 1 which provides by section 6 sub section 24 that “mining operations of all kinds, -except for water” is a “prohibited use” of land located within a township district designated as “Commercial”.

Two informations were filed against each of the appellants charging them with violations of the ordinance “by mining coal in an area prohibited by said ordinance, particularly Section 6 Sub-section 24.” One set…