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Zoning Bulletin February 25, 2014 I Volume 8 I Issue 4 <br />diction over the private property of a citizen so that the municipality could <br />prevent development of that property. Accordingly, the court held that this <br />case did not fall under the public -welfare exception that would cloak the <br />Town in immunity for the actions of its agents. <br />See also: Smith v. City of Mobile, 374 So. 2d 305 (Ala. 1979). <br />See also: Rich v. City of Mobile,"410 So. 2d 385 (Ala. 1982). <br />Case Note: <br />Other issues were raised on appeal, which are not discussed in detail in this <br />summary. <br />Case Note: <br />Lee's agent Samuel McKerall joined the case as an additional petitioner. The court <br />found that he failed to file a timely notice of claim and was therefore barred from <br />recovery from the Town. <br />Interpretation of Regulations — <br />County says landfill is "structure" <br />subject to height restrictions <br />Landfill owner disagrees, and argues the height <br />restrictions are an unconstitutional de facto <br />exclusion of landfill use <br />Citation: Tri-County Landfill, Inc. v. Pine Tp. Zoning HearingBd., 2014 <br />WL 68798 (Pa. Commw. Ct. 2014) • <br />PENNSYLVANIA (01/09/14)—This case addressed the issue.of whether <br />a proposed landfill constituted a "structure" under a municipal zoning <br />ordinance, and, if so, if the height restriction on structures resulted in an un- <br />constitutional de facto exclusion of landfill use so as to entitled the landfill <br />owner to site -specific relief, allowing it to operate in a residential zone. <br />The Background/Facts: Since 1975, Tri-County Landfill, Inc. ("Tri- <br />County") or its predecessors operated a "landfill on property it owned in Pine <br />Township (the "Township"). Tri-County claimed that the property had been <br />used for active waste disposal since the 1940s. Since the Township's zoning <br />ordinance was enacted in 1976, Tri-County's property had been zoned R-1 <br />Residential Rural. Neither sanitary landfills nor solid waste transfer stations <br />were permitted in the R-1 district. Such uses were restricted to industrial <br />zoning districts under the zoning ordinance. <br />Notwithstanding Township zoning ordinance restrictions on expansions <br />2014 Thomson Reuters 7 <br />