SYNAGRO-WWT, INC. v. RUSH TP., PENNSYLVANIA

No. 4:CV-00-1625.

299 F.Supp.2d 410 (2003)

SYNAGRO-WWT, INC., Plaintiff, v. RUSH TOWNSHIP, PENNSYLVANIA, Defendant.

United States District Court, M.D. Pennsylvania.

December 22, 2003.


Attorney(s) appearing for the Case

James B. Slaughter, David W. Wagner, Beveridge & Diamond, P.C., Washington, DC, Robert E. Thomas, Kaminsky, Thomas, Wharton & Lovette, Johnstown, PA, for Synagro-WWT, Inc., Plaintiff.

David J. MacMain, Montgomery McCracken Walker & Rhoads, Philadelphia, PA, George Test, Killian & Gephart, LLP, Michael J. O'Connor, Killian & Gephart, LLP, Paula J. McDermott, Duane Morris LLP, Thomas W. Scott, Killian & Gephart, Harrisburg, PA, for Rush Township, Pennsylvania, Defendant.


MEMORANDUM

MCCLURE, District Judge.

BACKGROUND:

Plaintiff, Synagro-WTT, Inc. (Synagro), initiated this civil action against defendant, Rush Township, Pennsylvania, to challenge the validity of a municipal ordinance (the Ordinance) enacted by defendant. The Ordinance imposes certain requirements on companies wishing to transport and to apply sewage sludge to lands within the township.

Plaintiff sought a declaratory judgment...

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