Thursday, December 28, 2006

Pennsylvania Attorney General Takes A Bullet For the Team

Commonwealth v. Lower Oxford Twp. Board of Supervisors, 2006 Pa. Commw. LEXIS 670 (Comm. Ct. Pa. December 12, 2006)

The state Attorney General filed suit against the township under chapter 2 of the Agricultural Code (3 Pa. S.S. sections 311-318 also known as 'ACRE') which took effect in 2005, allowing for review of local zoning ordinances at the behest of a local mushroom composter. The local ordinance sought to regulate composting and the attorney general argued that they were invalid and preempted by various provisions of law.

The township demurred, arguing that the attorney general had not pleaded sufficient facts to show authority to act, as the ordinance complained of had never been enforced. The Court agreed, finding that section 313 of ACRE applied only to the enforcement of such statutes that predated the adoption of ACRE.


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