Russell Minerals Fayette, Inc. v. Zoning Hearing Board

CRAIG, President Judge.

From Fayette County, which has pioneered in enacting and administering a countywide zoning ordinance in Pennsylvania, comes the Fayette County Zoning Inspector’s appeal from a preliminary injunction order by Judge Solomon, of the Fayette County Court of Common Pleas, prohibiting the county zoning officials from interfering with the use of a specific soil fertilizer on land being reclaimed for pasture use by Russell Minerals Fayette, Inc., the appellee.

Of course, a preliminary injunction, although interlocutory, is nevertheless immediately appealable as of right under…