Board of Supervisors v. McClimans

The prohibition by zoning ordinance of all surface mining in R-l Residential Zones in Shenango Township bears an obviously reasonable and substantial relationship to a compelling government interest in protecting the health, sáfety and welfare of citizens in the community and in preserving its environment. Therefore, the zoning ordinance was a reasonable exercise of Shenango’s police powers and not a compensable “taking” of private property under either the federal or the state constitutions.1 To the extent that our previous decision in this case, McClimans I,2 holds to the contrary, it was…