In re U. S. Aluminum Corp.

Opinion by

Senior Judge Narick,

U.S. Aluminum Corp. of Pennsylvania (Appellant) has appealed from an order of the Court of Common Pleas of Lancaster County which affirmed a decision of the Zoning Hearing Board (Board) of Marietta Borough (Borough) subjecting Appellant’s use of an aluminum shredder to limitations on the hours of operation. The Borough has cross-appealed to preserve its right to object to the trial court’s rejection of its res judicata argument.1

The procedural history of this matter is lengthy. Appellant operates an aluminum recycling business in the Borough.2 In 1971, it applied…