Brookhaven Borough v. American Rendering, Inc.

Opinion by

Mr. Justice Cohen,

In Commonwealth v. Glen Alden Corporation, 418 Pa. 57, 210 A. 2d 256 (1965), we required the statutory procedures of the Air Pollution Control Act of 1960, P. L. (1959) 2119, 35 P.S. §4001, to be strictly pursued and held that equity had no jurisdiction to inquire into a controversy where to do so would obviate a statutory procedure provided by the legislature for its resolution. The legislature then amended the Air Pollution Control Act of June 12, 1968, P. L. , 35 P.S. §4012.1 by adding, after §12, a new section to read: “Section 12.1 Existing Rights and Remedies…