Cases are listed below in chronological order:
*Click on case name to review case summary.
- The Nutrient Management Act regulates "the application of manure as it related to soils and . . . the protection of ground and surface water" did not preempt the relevant SALDO provisions protecting impact on soils.
Berner v. Montour Twp. (2015)
- Municipality preempted by Noncoal Surface Mining Conservation and Reclamation Act from regulating operational aspects of stone quarry.
Geryville Materials, Inc. v. Planning Comm'n of Lower Milford Twp. (2013)
- Township preempted from regulating setback and safety requirements for fuel transfer stations.
JoJo Oil Co. v. Dingman Twp. Zoning Hearing Bd. (2013)
- Municipality not preempted by the Surface Mining Conservation and Reclamation Act from having setback requirements in the zoning ordinance for surface coal mining.
Hoffman Mining Co. v. Zoning Hearing Bd., 958 A.2d 602 (Pa. Commw. Ct. 2009), aff'd Hoffman Mining Co., Inc. v. Zoning Hearing Bd. Of Adams Twp., 32 A.3d 587 (Pa. 2011)
- Municipality's ordinance regulated the land application of sewage sludge preempted by various state statutes.
Commonwealth v. East Brunswick Twp. (2009)
- Municipalities not preempted by Oil and Gas Act from regulating traditional zoning concepts such as where a natural gas activity may occur, but will be preempted where local ordinance regulates operational aspects of the industry.
Huntley & Huntley, Inc. v. Borough Council (2008); Range Resources – Appalachia, LLC v. Salem Twp. (2009)
- Landowners applied for a variance to conduct surface mining within 300 feet of residences because the local ordinance required a setback of 1000 feet, and Landowners also argued that the ordinance was preempted by state law. The Commonwealth Court found that the local ordinance was not preempted because it regulated land use which is within the power of the local municipality and the landowners were not entitled to a variance because they did not show that there was no other reasonable use of the land.
Hoffman Mining Company, Inc. v. Zoning Hearing Board of Adams Township (2008)
- Landowner’s stockpiling of sewage sludge on his property was not a permitted agricultural use and the Nutrient Management Act did not preempt the Zoning Ordinance because Landowner did not have an approved voluntary plan in compliance with the NMA
Walck v. Lower Towamensing Township ZHB (2008)
- The Borough exceeded its authority when it denied a conditional use application for the extraction of natural gas, since natural gas is a mineral under the MPC and the Oil and Gas Act preempts the Borough Ordinance with regard to the location of an oil or gas well
Huntley & Huntley, Inc. v. Borough Council of the Borough of Oakmont (2007)
- A municipality does not have the power to compel the underground installation of electric utilities
Pa. Power Co. v. Twp. of Pine (2007)
- Regulation of particular uses
Hydropress Environmental Service, Inc. v. Twp. of Upper Mt. Bethel (2003)
- Solid Waste Management Act is superior to local zoning ordinances
Synagro-WWT, Inc. v. Rush Twp. (2003)
This site is designed to provide summary review of selected Pennsylvania and Federal Court decisions related to land use and land use controls. The information contained herein, although produced by professionals, is not intended to render any legal service. Nor should the materials herein be utilized as a substitute for professional services. If legal advice or other expert assistance is required, the service of an attorney or other professional should be sought. DCED makes no representations, warranties or guarantees as to the accuracy, completeness or suitability of the information provided herein.
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