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PENNSYLVANIA INDEPENDENT WASTE v. TOWNSHIP

872 A.2d 224 (2005)

PENNSYLVANIA INDEPENDENT WASTE HAULERS ASSOCIATION v. TOWNSHIP OF LOWER MERION, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 21, 2005.

Reargument Denied May 17, 2005.

Attorney(s) appearing for the Case

D. Barry Pritchard, Jr., Norristown, for appellant.

Anthony J. Mazullo, Jr., Doylestown, for appellee.

BEFORE: LEADBETTER, J., and LEAVITT, J., and KELLEY, Senior Judge.

Reargument En Banc Denied May 17, 2005.

OPINION BY Senior Judge KELLEY.

The Township of Lower Merion (Township) appeals from the order of the Court of Common Pleas of Montgomery County (trial court) entering declaratory judgment in favor of the Pennsylvania Independent Waste Hauler's Association (Association)1, and declaring that the Township was without authority, under the Municipal...

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