Opinion
No. 537 WAL 2008.
September 22, 2009.
Petition for Allowance of Appeal No. 537 WAL 2008 from the Order of the Commonwealth Court.
Prior Report: Pa.Cmwlth., 958 A.2d 602.
ORDER
AND NOW, this 22nd day of September, 2009, the Petition for Allowance of Appeal is GRANTED. The issue as stated by Petitioner, is:
Did the Commonwealth Court of Pennsylvania commit an error of law by affirming the decision of the Court of Common Pleas of Cambria County, which affirmed the Adams Township Zoning Hearing Board's ruling that the Surface Mining Conservation and Reclamation Act (the "SMCRA") Act [sic] of November 30, 1971, (P.L. 554, No. 147), 52 P.S. § 1396.1 to 1396.31, does not preempt Section 1413, Paragraph 5, of the Adams Township Zoning Ordinance barring mining activities within 1,000 feet of a residential structure?