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TWP. OF PLYMOUTH v. CO. OF MONTGOMERY

Nos. 3312 C.D. 1986 and 3313 C.D. 1986.

109 Pa.Commw. 200 (1987)

531 A.2d 49

Township of Plymouth, Appellant v. County of Montgomery, Appellee. Township of Plymouth, Appellant v. County of Montgomery, Appellee.

Commonwealth Court of Pennsylvania.

Argued June 10, 1987.

Attorney(s) appearing for the Case

Stephen M. Feldman, with him, Arthur Lefkoe, for appellant.

Bruce W. Kauffman, with him, Sheryl L. Auerbach, Barbara Anisko, James J. Greenfield, Dilworth, Paxson, Kalish & Kauffman, for appellee.

Frederic M. Wentz, with him, Bruce J. Eckel, Montgomery County Solicitor's Office, for appellee.

Before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE and BARRY.

OPINION BY JUDGE CRAIG, September 8, 1987:

In this case, where a proposed county refuse disposal plant faces prohibition by township enactments, we must recognize statutory and judicial distinctions between ordinance provisions governing where the location of the facility may be (zoning provisions) and, on the other hand, how it may be technically designed and operated (operational regulations...

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