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Appeal of: Broad Mountain Development Company, LLC

This 18-page opinion and order issued by a three-judge Commonwealth Court panel upheld county Judge Charles M. Miller's ruling that the zoning permit issued to  Broad Mountain Development Co. LLC was correctly revoked by Butler Township. Broad Mountain sought permission to construct 20-28 wind turbines in the township. The panel found the developer did not have the right to the permit because wind turbines were not allowed in a Woodland-Conservation zoning district in the township. In addition, the panel ruled that the citizens who opposed the building of the windmills filed a timely appeal of Broad Mountain's original permit, and the company did not acquire a vested right to the permit, according to the opinion written by Judge P. Kevin Brobson.

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Broad Mountian Development Company

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Source: http://caselaw.findlaw.com/...

MAR 7 2011
http://www.windaction.org/posts/42026-appeal-of-broad-mountain-development-company-llc
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