Township of Plymouth v. County of Montgomery

Opinion by

Judge Craig,

In this case, where a proposed county refuse disposal plant feces prohibition by township enactments, we must recognize statutory and judicial distinctions between ordinance provisions governing where the location of the facility may be (zoning provisions) and, on the other hand, how it may be technically designed and operated (operational regulations).

Such an analysis, mindful of a meaningful classification of local enactments, is necessary to resolve this cases two chief issues:

1. Did the trial court, in an equity and declaratory judgment proceeding, have subject…