Hoffman Mining Co., Inc. v. ZONING HEARING BD. OF ADAMS TOWNSHIP

OPINION BY

Judge PELLEGRINI.

Hoffman Mining Company, Inc. (Hoffman) 1 appeals from the order of the Court of Common Pleas of Cambria County (trial court) affirming the decision of the Zoning Hearing Board of Adams Township (Board) to deny Hoffman’s application for a variance to conduct surface coal mining within 300 feet of residences because a local ordinance requires a 1,000 foot setback for all mining activities and is not preempted by the Surface Mining Conservation and Reclamation Act (SMCRA). 2

Hoffman leases a 182.1 acre tract of land (Property) in Adams Township, Pennsylvania, from…