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MUN. OF MONROEVILLE v. CHAMBERS DEV. C.

No. 61 C.D. 1984.

88 Pa.Commw. 603 (1985)

Municipality of Monroeville, Appellant v. Chambers Development Corporation, a Corporation, Appellee.

Commonwealth Court of Pennsylvania.

April 18, 1985.

Attorney(s) appearing for the Case

Gary F. Zolyak, with him, John D. Finnegan, Municipal Attorney, for appellant.

John H. Bingler, Jr., with him, Kevin C. Abbott, Thorp, Reed & Armstrong, for appellee.

Argued March 12, 1985, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 18, 1985:

The Municipality of Monroeville appeals from a decree of the Court of Common Pleas of Allegheny County, which permanently enjoined Monroeville's enforcement of its ordinance regulating the days and hours of operation for sanitary landfills. The sole issue for our determination is whether the trial court properly concluded that, through the Solid Waste Management Act,1 the state had preempted the...

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