Legal Opinion

Berner v. Montour Township

Commonwealth Court of Pennsylvania

Decided July 9, 2015PublishedCited by 24 opinions

1Opinion of the Court

*435OPINION BY

Judge ROBERT SIMPSON.

In this land use appeal, Objectors1 ask whether the Court of Common Pleas of the 26th Judicial District (Columbia County Branch) (trial court) erred in affirming a decision of the Montour Township Board of Supervisors (Supervisors) that approved, subject to conditions, Scott Spo-nenberg’s (Applicant) land development application and plan that contemplate construction and operation of a swine nursery and manure storage facility. Objectors assert the trial court erred in determining the Nutrient Management Act (NMA), 3 Pa.C.S. §§ 501-522, preempts Montour…

2Cases cited12 opinions

  1. Huntley & Huntley, Inc. v. Council of OakmontSupreme Court of Pennsylvania · 2009
  2. Hoffman Mining Co. v. Zoning Hearing BoardSupreme Court of Pennsylvania · 2011
  3. In re Tax Claim Bureau of Lehigh County 2012 Judicial Tax SaleCommonwealth Court of Pennsylvania · 2015
  4. Robal Associates, Inc. v. Board of Supervisors of Charlestown TownshipCommonwealth Court of Pennsylvania · 2010
  5. Koresko v. FarleyCommonwealth Court of Pennsylvania · 2004

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3Cited by24 opinions

  1. A. Factor v. Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2018
  2. In Re: Appeal of AMA/American Marketing Association, Inc. from the Decision of the Borough Council of Ambler Borough, dated October 15, 2013Commonwealth Court of Pennsylvania · 2016
  3. R. Berner v. Montour Twp. ZHB and S. SponenbergCommonwealth Court of Pennsylvania · 2018
  4. Greco v. Department of Labor & Industry, Office of Unemployment Compensation Tax ServicesCommonwealth Court of Pennsylvania · 2018
  5. ADAMS v. TICEDistrict Court, W.D. Pennsylvania · 2022

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