Legal Opinion
Hoffman Mining Co. v. Zoning Hearing Board
Supreme Court of Pennsylvania
Decided November 23, 2011No. 23 WAP 2009PublishedCited by 51 opinions
1Opinion of the Court
OPINION
Justice McCAFFERY.
In this appeal, the question presented is whether the Sur*604face Mining Conservation and Reclamation Act1 (hereinafter the “Surface Mining Act”) preempts a provision in a local zoning ordinance that establishes a setback for mining activities from all residential structures. We hold that the local zoning provision is not preempted, and so affirm the order of the Commonwealth Court.
The zoning ordinance at issue, which was enacted by Adams Township in Cambria County after the effective date of the Surface Mining Act, permits mining activities in a district known as the…
2Cases cited25 opinions
- Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
- Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
- City of Philadelphia v. SchweikerSupreme Court of Pennsylvania · 2004
- Council of Middletown Township v. BenhamSupreme Court of Pennsylvania · 1987
- United Tavern Owners v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1971
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3Cited by51 opinions
- Bowling v. Office of Open RecordsSupreme Court of Pennsylvania · 2013
- Robinson Township v. CommonwealthSupreme Court of Pennsylvania · 2013
- Sabella, D. v. Appalachian Development Corp.Superior Court of Pennsylvania · 2014
- Robinson Township v. CommonwealthSupreme Court of Pennsylvania · 2016
- Allstate Life Insurance v. CommonwealthSupreme Court of Pennsylvania · 2012
46 more not listed; retrieve them via the Exa API.