Delaware County Solid Waste Authority v. Township of Earl

Opinion by

Judge Craig,

The Delaware County Solid Waste Authority appeals a decision of the Court of Common Pleas of Berks County granting the petition of Earl Township for declaratory relief and enjoining the authority in regard to its application before the Department of Environmental Resources (DER) to expand an existing landfill.

The authority raises two issues on appeal. First, procedurally, did the trial court exceed its powers by granting final injunctive relief to the township when the only issue before the court was a preliminary objection in the nature of a demurrer?

Second,…