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HAMMERMILL PAPER COMPANY v. GREENE TOWNSHIP (12/13/78)

decided: December 13, 1978.

HAMMERMILL PAPER COMPANY, APPELLANT
v.
GREENE TOWNSHIP, THE BOARD OF SUPERVISORS OF GREENE TOWNSHIP AND QUENTIN J. KELLOGG, THE ZONING ADMINISTRATOR OF GREENE TOWNSHIP, APPELLEES



Appeal from the Order of the Court of Common Pleas of Erie County in case of Hammermill Paper Company v. Greene Township, the Board of Supervisors of Greene Township and Quentin J. Kellogg, the Zoning Administrator of Greene Township, No. 2984 A 1977.

COUNSEL

Irving Murphy, with him MacDonald, Illig, Jones & Britton, for appellant.

William T. Jorden, with him Christine Hall McClure, and McClure, Dart, Miller, Kelleher & White, for appellees.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge DiSalle did not participate. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 39 Pa. Commw. Page 214]

Hammermill Paper Company's application for a building permit and its request for a curative amendment to Greene Township's zoning ordinance which was filed pursuant to Section 1004 of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 11004, were denied by the Board of Supervisors of Greene Township. An appeal of this decision was dismissed by the Court of Common Pleas.

The relevant facts as found by the court below and as substantiated by the record are as follows:*fn1

1. Prior to passage of the [Solid Waste Management Act, Act of July 31, 1968, P.L. 788, as amended, 35 P.S. § 6001 et seq. (Act)], Hammermill Paper Company had been disposing of its solid waste material, principally flyash, at two sites, one in the City of Erie and one at Lowville in rural Erie County. . . .

2. After passage of the Act Hammermill began to look for a different site and settled upon a tract of land located on Etter Road in Greene Township as being most likely to meet

[ 39 Pa. Commw. Page 215]

DER's requirements for a solid waste management permit. . . .

3. On or about October 10, 1972 Hammermill filed with DER an application for a solid waste disposal permit which was preliminarily approved on October 31, 1972. . . .

4. Based upon this preliminary DER approval Hammermill acquired the Etter Road site for $76,000.00 and between October, 1972 and September, 1973 invested about $20,000.00 into the site for an access road and test wells. The proposed landfill would occupy about 15 acres of land. . . .

5. On March 29, 1973 DER issued to Hammermill and its disposal contractors, Adam W. Nicholson, Inc. a solid waste permit for the Etter Road site. . . .

6. On April 10, 1973 Hammermill applied to Greene Township for a refuse disposal permit, but this application was denied on September 14, 1973 because the Etter Road site was zoned agricultural and this use of the site as a landfill would have been inconsistent with Greene Township's 1967 zoning ordinance. . . . [No appeal was taken from that denial.]

7. Three years later on October 13, 1976 Hammermill renewed its application for a refuse disposal permit together with a land ...


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