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Hazelton Area School Dist. v. Zoning Hearing Board of Hazle Township

Denial of school district's application for zoning variance allowing school's fields to be used for non-school-related baseball games affirmed; authority granted to a school district under the Public School Code to allow its facilities to be used for non-school-related activities does not preempt the powers to provide for the health, safety and general welfare of the community that have been granted to a local zoning hearing board under the Municipalities Planning Code.

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SUBMITTED: January 31, 2000

OPINION

This Court granted allocatur to consider: (1) whether the authority granted to a school district under the Public School Code to allow its facilities to be used for non-school-related activities preempts the powers to provide for the health, safety and general welfare of the community granted to a local zoning hearing board under the Municipalities Planning Code; and (2) whether the zoning board’s use restrictions are merely recommendations, not binding upon the school district.

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