Newberry Township v. Stambaugh

OPINION BY

Judge LEAVITT.

Ray Stambaugh (Stambaugh) appeals from the May 12, 2004 order of the Court of Common Pleas of York County (trial court) granting Newberry Township’s (Township) motion for judgment on the pleadings. Relying upon Newberry Township v. Stambaugh, 848 A.2d 173 (Pa.Cmwlth.2004) (Stambaugh I), the trial court held that Stambaugh could be required to pay trash collection fees to the Township even though he did not need, or desire, this service. We affirm.

Newberry Township is established under and governed by The Second Class Township Code, 1 pursuant to which it enacted the…