Legal Opinion

DeAngelo Bros. v. Carbon County

Pennsylvania Court of Common Pleas, Carbon County

Decided November 28, 2001No. 01-1207Published

1Opinion of the Court

NANOYIC, J.,

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At issue in this matter is whether Carbon County’s chemical spraying ordinance, Ordinance no. 2001-01, is pre-empted by Pennsylvania’s Pesticide Control Act of 1973, 3 P.S. §111.21 et seq., and, therefore, invalid in restricting the use of pesticides in the county by DeAngelo Brothers Inc.

DeAngelo Brothers is a licensed commercial pesticide applicator with contracts for the chemical control of vegetation along railroad rights-of-way within the county. DeAngelo Brothers is licensed to perform these applications by the Pennsylvania Department of Agriculture pursuant to the Act. The…

2Cases cited10 opinions

  1. Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
  2. Harris-Walsh, Inc. v. Dickson City BoroughSupreme Court of Pennsylvania · 1966
  3. United Tavern Owners v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1971
  4. Natural Milk Producers Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1942
  5. Duff v. Township of NorthamptonCommonwealth Court of Pennsylvania · 1987

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