West Manchester Township v. Bair Community Fire Co.

CASSIMATIS, J.,

This matter is before the court pursuant to the preliminary objections of defendant Bair Community Fire Company.* For reasons set forth below, the objections are granted in part and refused in part.

Plaintiff, West Manchester Township, passed an ordinance (88-10) prohibiting defendant from responding to fires within the township. Plaintiff alleges that defendant violated the ordinance by responding to a fire on January 24, 1989. Plaintiff seeks to enjoin further violations of the ordinance. Defendant filed the instant preliminary objections, asserting the following: lack of…