Robert Duffy v. Town of Berwick

[¶ 1] Berwick Iron & Metal Recycling, Inc., appeals from a judgment en-' tered in the Superior Court (York County, Fritzsche, J.) vacating the Berwick Planning Board’s decision to grant a conditional use and site plan permit that would allow Berwick Iron to operate a metal shredder on its property. 1 Berwick Iron argues that the court erred in vacating the Planning Board’s judgment because the Board did not err in applying the ordinance governing air emissions. Robert Duffy and other neighboring landowners who oppose the permit cross-appeal, arguing that the court erred in concluding that the…