Legal Opinion

D. C. Guelich Explosives Co. v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided April 10, 1987No. Appeal, No. 1698 C.D. 1985PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Senior Judge Kalish,

The Supervisors of Mifflin Township (appellant) appeal from an order of the Court of Common Pleas of Columbia County which held that the Mifflin Township Zoning Ordinance (Ordinance) is unconstitutional, and ordered that appellee, D. C. Guelich Explosives Company, be permitted to construct its proposed facility. We reverse.

Appellee leases approximately 350 acres of land in Mifflin Township (Township). The land is presently used for Christmas tree forming. Appellee seeks to use a portion of the property as a facility for the storage and distribution of explosives.…

2Cases cited3 opinions

  1. Fernley v. Bd. of Sup'rs of Schuylkill Tp.Supreme Court of Pennsylvania · 1985
  2. Farrell v. Worcester Township Board of SupervisorsCommonwealth Court of Pennsylvania · 1984
  3. Metzger v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1984

3Cited by5 opinions

  1. APT Pittsburgh Ltd. Partnership v. Lower Yoder TownshipDistrict Court, W.D. Pennsylvania · 2000
  2. Equilibrium Equities, Inc. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1997
  3. Hatboro Borough v. Buckingham Retail Properties, LLCCommonwealth Court of Pennsylvania · 2020
  4. In Re: Apr. 24 Dec. Apl of: Charlestown OutdoorSupreme Court of Pennsylvania · 2022
  5. Pegasus Tower Co., Ltd, and Open Range Communications, Inc. v. Upper Yoder Twp. ZHBCommonwealth Court of Pennsylvania · 2018

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