(DOWNLOAD) "Hydropress Environmental Services" by In the Supreme Court of Pennsylvania Middle District * eBook PDF Kindle ePub Free
eBook details
- Title: Hydropress Environmental Services
- Author : In the Supreme Court of Pennsylvania Middle District
- Release Date : January 25, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
We granted discretionary review sought by the Township of Upper Mount Bethel, County of Northampton (Township) of the Order of the Commonwealth Court affirming the trial court's grant of summary judgment in favor of Hydropress Environmental Services, Inc. (Hydropress), which, on November 27, 2000, filed an action for declaratory judgment asking the Court of Common Pleas of Northampton County to enter an order declaring Township Ordinance 2001-01(Ordinance) invalid, permanently enjoining the Township from enforcing the Ordinance, and declaring that Hydropress is legally entitled to resume its operations in the Township without having to comply with the requirements of the Ordinance. This appeal presents three issues: whether Hydropress has standing to challenge the Ordinance, whether the Solid Waste Management Act (SWMA) preempts the Ordinance, and whether the Ordinance is a valid exercise of the police powers under the Second Class Township Code. For the reasons discussed below, we affirm.