Council of Middletown Tp. v. Benham

1 Citing case

  1. Com. v. Brandon

    872 A.2d 239 (Pa. Cmmw. Ct. 2005)   Cited 2 times

    The Township had the power to enact the Ordinance as a reasonable exercise of its police powers. As to when a local government is preempted from legislating in an area, our Supreme Court stated in Council of Middletown Township v. Benham, 514 Pa. 176, 181, 523 A.2d 311, 313 (1987): The state is not presumed to have preempted a field merely by legislating in it.