Legal Opinion

Liverpool Township v. Stephens

Commonwealth Court of Pennsylvania

Decided June 19, 2006PublishedCited by 15 opinions

1Opinion of the Court

OPINION BY

Judge LEAVITT.

Liverpool Township appeals a decision of the Court of Common Pleas of the 41st Judicial District (Perry County Branch) (trial court) enjoining the enforcement of a township ordinance that regulates the application of processed municipal sewage to agricultural land. The trial court found that this ordinance conflicted with a state law that regulates this activity and, thus, was preempted. Accordingly, the owner of the farmland, Dean Stephens, was found to have done all that was required in order to fertilize his fields lawfully by obtaining a permit from the state. We…

2Cases cited15 opinions

  1. Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
  2. Duff v. Township of NorthamptonCommonwealth Court of Pennsylvania · 1987
  3. Commonwealth v. HanzlikSupreme Court of Pennsylvania · 1960
  4. O'DONOGHUE v. Laurel Savings Ass'nSupreme Court of Pennsylvania · 1999
  5. Hydropress Environmental Services, Inc. v. Township of Upper Mount BethelSupreme Court of Pennsylvania · 2003

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3Cited by15 opinions

  1. Huntley & Huntley, Inc. v. Council of OakmontSupreme Court of Pennsylvania · 2009
  2. Nutter v. DoughertyCommonwealth Court of Pennsylvania · 2007
  3. Burkholder v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2006
  4. Good v. Zoning Hearing Board of Heidelberg TownshipCommonwealth Court of Pennsylvania · 2009
  5. Holt's Cigar Co., Inc. v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 2008

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