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WINSTON CORPORATION v. BOARD SUPERVISORS PATTON TOWNSHIP (03/15/85)

decided: March 15, 1985.

WINSTON CORPORATION, APPELLANT
v.
THE BOARD OF SUPERVISORS OF PATTON TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Centre County in the case of Winston Corporation v. The Board of Supervisors of Patton Township, No. 1983-643.

COUNSEL

Ronald M. Lucas, Tive, Hetrick & Pierce, P.C., for appellant.

Richard L. Campbell, Miller, Kistler & Campbell, Inc., for appellee.

Judges Rogers, Craig and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Rogers. Judge Williams, Jr., did not participate in the decision in this case.

Author: Rogers

[ 88 Pa. Commw. Page 209]

The Winston Corporation (appellant) appeals from an order of the Court of Common Pleas of Centre County dismissing its appeal from a decision of the Patton Township Board of Supervisors rejecting its challenge to the validity of the township's zoning ordinance. The appellant's challenge was rejected on the ground that the appellant failed to submit plans and other materials describing the use or development proposed for its land in lieu of the use and development permitted by the challenged ordinance as required by Section 1004(2)(c) of the Municipalities Planning Code (MPC) Act of June 1, 1972, P.L. 333, as amended, 53 P.S. ยง 11004(2)(c).

The Patton Township Zoning Regulations provide for an I-1 Industrial District and for an I-RD Research, Development and Light Industrial District. In the I-1 Industrial District, the following uses are permitted as of right:

Any production, manufacturing, assembly, processing, cleaning, testing, repair, storage or distribution of materials, foodstuffs and products not involving a retail activity on the lot, except mining and quarrying; trucking terminal; essential services, all wholesale distribution or storage; agricultural uses and all utilities.

No land has been designated as an I-1 Industrial District by the Patton Township zoning ordinance or on the zoning map.

[ 88 Pa. Commw. Page 210]

In the I-RD Research, Development and Light Industry District, the following uses are permitted as of right:

Research, engineering or testing laboratories Administrative activities and offices

Public Utility installations and public service structures

Assembly from components including the assembly of radios, televisions and similar electronic products, or fabrication of models or test equipment used in research

Pharmaceutical research and production

Plastics assembly

Optical instrument systems ...


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