Legal Opinion

A. Ziegler v. City of Reading and Reading Area Water Authority

Commonwealth Court of Pennsylvania

Decided April 20, 2016No. 10 C.D. 2015PublishedCited by 11 opinions

1Opinion of the Court

OPINION BY Judge MICHAEL H. WOJCIK.

Appellants (Residents) 1 ask whether the Court of Common Pleas of Berks County (trial court) erred in declaring a residential curbside recycling fee is authorized by the City of Reading's (City) newly enacted ordinances and is not in violation of the Municipal Waste Planning, Recycling, and Waste Reduction Act (Act 101). 2 Residents contend the City's ordinances, which provide for a curbside recycling fee, are preempted by Act 101. They assert the Third Class City Code 3 does not otherwise authorize the City to impose recycling fees because the City is…

2Cases cited19 opinions

  1. California Federal Savings & Loan Ass'n v. GuerraSupreme Court of the United States · 1987
  2. Nationwide Mutual Insurance v. WickettSupreme Court of Pennsylvania · 2000
  3. Nutter v. DoughertySupreme Court of Pennsylvania · 2007
  4. Hartman v. City of AllentownCommonwealth Court of Pennsylvania · 2005
  5. County of Delaware v. Township of MiddletownSupreme Court of Pennsylvania · 1986

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3Cited by11 opinions

  1. Pa. Rest. & Lodging Ass'n v. City of PittsburghSupreme Court of Pennsylvania · 2019
  2. Apartment Assoc. of Metropolitan Pittsburgh, Inc. v. The City of PittsburghCommonwealth Court of Pennsylvania · 2019
  3. A. Ziegler v. The City of Reading & Reading Area Water Auth. ~ Appeal of: City of ReadingCommonwealth Court of Pennsylvania · 2021
  4. A. Ziegler v. The City of Reading, & Reading Area Water Auth. ~ Appeal of: The City of ReadingCommonwealth Court of Pennsylvania · 2019
  5. A. Ziegler v. The City of Reading, and Reading Area Water Auth. ~ Appeal of: The City of ReadingCommonwealth Court of Pennsylvania · 2019

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