Miller & Son Paving, Inc. v. Wrightstown Township

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant, Miller and Son Paving, Inc., asks us to hold that local zoning ordinances cannot impose setback requirements on quarrying operations because the Legislature intended the Surface Mining Conservation and Reclamation Act to preempt the field. See section 17 of the Act of November 30, 1971, P.L. 554, 52 P.S. § 1396.17. The Wrightstown Township Zoning Hearing Board held the local zoning provisions on this subject were preserved by a provision of the statute excepting local zoning ordinances from “supersession”. The decision was affirmed in Bucks…