Stephen R. BURKHOLDER and Darleen G. Burkholder, Appellants
v.
ZONING HEARING BOARD OF RICHMOND TOWNSHIP and Richmond Township.
Stephen R. Burkholder and Darleen G. Burkholder
v.
Zoning Hearing Board of Richmond Township and Richmond Township.
Appeal of: Richmond Township.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Submitted on Briefs April 5, 2006.
Decided July 14, 2006.
Attorney(s) appearing for the Case
Christopher J. Hartman and Barbara J. Kern, Reading, for appellants.
Robert P. Grim, Kutztown and Daniel E. Brannen, Jr., Centre Hall, for appellee, Richmond Township.
John J. Bell, Camp Hill, for amicus curiae, Pennsylvania Farm Bureau.
Thomas A. Linzey, Chambersburg, for amici curiae, Pennsylvania Farmers Union and the Pennsylvania Family Farm Coalition.
Thomas L. Wenger, Harrisburg, for amicus curiae, Pennsylvania State Association of Township Supervisors.
BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, SIMPSON, Judge, and LEAVITT, Judge.
Commonwealth Court of Pennsylvania.
OPINION BY Judge SIMPSON.
In this land use case, we are asked whether the Nutrient Management Act1 (NMA) and its implementing regulations preempt a setback requirement expressed in a local zoning ordinance. Stephen R. and Darleen G. Burkholder (Landowners)2 and Richmond Township (Township) cross-appeal from an order of the Court of Common Pleas of Berks County (trial court) that determined the NMA preempts...
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