Opinion
Argued October 9, 1985
December 3, 1985.
Argued October 9, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.
Appeal, No. 2475 C.D. 1984, from the Order of the Court of Common Pleas of Allegheny County in the case of Crown Wrecking Co., Inc. v. Township of Ross, No. GD 83-15727.
Complaint in the Court of Common Pleas of Allegheny County seeking injunction against enforcement of zoning ordinance. Injunction granted. NARICK, J. Municipality appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
William W. Milnes, Brandt, Milnes Rea, for appellant.
Leonard M. Mendelson, Hollinshead and Mendelson, for appellee.
This is an appeal by the Township of Ross (Township) from an order of the Court of Common Pleas of Allegheny County dismissing the Township's exceptions to a decree nisi and permanently enjoining the Township from enforcing Ordinance No. 1438, a non-zoning ordinance which contains criminal sanctions for non-compliance. We affirm on the able, well-reasoned opinion of Judge EMIL NARICK published at ___ D. C. 3d ___ (1984). Judge NARICK held, in summary, that Ordinance 1438 (which provides, inter alia, that solid waste landfills permitted in the Township are subject to the Ordinance's requirements with respect to air and noise pollution, hours of operation, vehicle maintenance, and fencing) is unconstitutional because the regulation of solid waste landfills has been preempted by the state under authority of the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, 35 P. S. § 6018.101-6018.1003.
ORDER
NOW, December 3, 1985, the order of the Court of Common Pleas of Allegheny County, dated July 31, 1984, is hereby affirmed.