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COUNTY OF DEL. v. TOWNSHIP OF MIDDLETOWN

511 Pa. 66 (1986)

511 A.2d 811

COUNTY OF DELAWARE, Appellant, v. The TOWNSHIP OF MIDDLETOWN, et al., Appellees.

Supreme Court of Pennsylvania.

Decided June 27, 1986.

Attorney(s) appearing for the Case

Francis P. Connors, Sol., for appellant.

William H. Lamb, John D. Snyder, West Chester, for Tp. of Middletown.

Bruce W. Kauffman, Sheryl L. Auerbach, Paul S. Diamond, Philadelphia, for amicus — Montgomery Co.

Thomas L. Wenger, Harrisburg, for amicus — Pa. State Assn. of Tp. Supervisors.

Richard C. Sheehan, Audubon, for amicus — Lwr. Providence Tp.

Arthur Lefkoe, Norristown, for amicus — Plymouth Tp.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

ZAPPALA, Justice.

The County of Delaware appeals by allowance a decision of the Commonwealth Court, 86 Pa.Cmwlth. 501, 485 A.2d 535, holding that the County is subject to the zoning ordinance of Middletown Township with regard to a proposed solid waste disposal facility.

The County proposes to construct a plant for the conversion of solid waste to energy on a 212 acre parcel of land which it owns in Middletown Township. As successor to the...

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