Legal Opinion
Burkholder v. Zoning Hearing Board
Commonwealth Court of Pennsylvania
Decided July 14, 2006PublishedCited by 12 opinions
1Opinion of the Court
OPINION BY
Judge SIMPSON.
In this land use case, we are asked whether the Nutrient Management Act1 (NMA) and its implementing regulations preempt a setback requirement expressed in a local zoning ordinance. Stephen R. and Darleen G. Burkholder (Landowners)2 and Richmond Township (Township) cross-appeal from an order of the Court of Common Pleas of Berks County (trial court) that determined the NMA preempts the local setback requirement as applied to one of two structures Landowners propose to construct in order to expand their existing hog raising operation. Concluding the NMA and its…
2Cases cited12 opinions
- Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
- Council of Middletown Township v. BenhamSupreme Court of Pennsylvania · 1987
- Allegheny West Civic Council, Inc. v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1997
- Duff v. Township of NorthamptonCommonwealth Court of Pennsylvania · 1987
- Mars Emergency Medical Services, Inc. v. Township of AdamsSupreme Court of Pennsylvania · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Huntley & Huntley, Inc. v. Council of OakmontSupreme Court of Pennsylvania · 2009
- Berner v. Montour TownshipCommonwealth Court of Pennsylvania · 2015
- R. Berner v. Montour Twp. ZHB and S. SponenbergCommonwealth Court of Pennsylvania · 2018
- Kittatinny Canoes, Inc. v. Westfall Township, Pennsylvania Court of Common Pleas, Pike County2013
- Walck v. Lower Towamensing Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2008
7 more not listed; retrieve them via the Exa API.