Lehigh Asphalt Paving & Construction Co. v. Board of Supervisors of East Penn Township

OPINION BY

Judge LEADBETTER.

Lehigh Asphalt Paving and Construction Company (Lehigh Asphalt) appeals from the orders of the Court of Common Pleas of Carbon County (common pleas), which sustained East Penn Township’s (Township) refusal to allow the proposed expansion of Lehigh Asphalt’s quarry operations. Specifically, common pleas dismissed Lehigh Asphalt’s action in mandamus to compel deemed approval of land development plans for the quarry expansion and affirmed the denial of Lehigh Asphalt’s application for a special exception. We vacate and remand.

Lehigh Asphalt is successor in interest to…