Tri-County Landfill, Inc. v. Pine Township Zoning Hearing Board

OPINION BY

Judge SIMPSON.

In this case, one of two related, complex land use appeals, Tri-County Landfill, Inc. (Tri-County) asks whether the Court of Common Pleas of Mercer County (trial court) erred in denying its appeal and affirming (essentially in part) the decision of the Pine Township Zoning Hearing Board (ZHB) that denied Tri-County’s numerous requests for zoning approval for its proposed landfill. Tri-County argues that, where doubt exists as to whether or not the ordinance’s definition of “structure” can be read to encompass “landfills,” the trial court erred by failing to acknowledge…