County of Venango v. Borough of Sugarcreek

OPINION

ZAPPALA, Justice.

This appeal presents a single issue: whether the powers of Venango County under the County Code, Act of August 9, 1955, P.L. 323, as amended, 16 P.S. §§ 2305, 2315, are preeminent over the Zoning Ordinance adopted by Sugarcreek Borough under the authority of Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10601.

The County owns approximately 335 acres of land in the Borough, on which it wishes to construct a new jail. The parcel is located in an area zoned R-l Suburban Residential, which does not permit the proposed use. The County…