On September 15, 2010, Judge Giordano handed down a decision which he denied the KMRD substantive zoning challenge. So far, Forks Township has prevailed before the Zoning Hearing Board and the Court of Common Pleas of Northampton County. Solicitor Kline is anticipating KMRD to file an appeal to the Commonwealth Court.
You may remember, the KMRD's procedural zoning challenge was denied by the Zoning Hearing Board, the Court of Common Pleas of Northampton County, and the Commonwealth Court. The Pennsylvania Supreme Court has not decided whether it will hear KMRD's appeal in that case.
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