Talley v. Borough of Trainer

Opinion by

Judge DiSalle,

Thomas Talley (Defendant) appeals to this Court from an order of the Court of Common Pleas of Delaware County which found him guilty of two violations of Ordinance 367 of the Borough of Trainer (Borough), Commonwealth of Pennsylvania (January 11, 1968), and fined him $150 plus costs. The sole issue presented in this ease is whether the lower court was arbitrary and capricious in reaching this conclusion.

It is well established that a municipal ordinance which seeks to abate the storage of wrecked, junked, or abandoned vehicles cannot declare the mere presence of such…