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LIVERPOOL TP. v. STEPHENS

900 A.2d 1030 (2006)

LIVERPOOL TOWNSHIP, Appellant v. Dean STEPHENS.

Commonwealth Court of Pennsylvania.

Decided June 19, 2006.

Attorney(s) appearing for the Case

P. Richard Wagner, Harrisburg, for appellant.

James H. Turner, Harrisburg, for appellee.

BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Liverpool Township appeals a decision of the Court of Common Pleas of the 41st Judicial District (Perry County Branch) (trial court) enjoining the enforcement of a township ordinance that regulates the application of processed municipal sewage to agricultural land. The trial court found that this ordinance conflicted with a state law that regulates this activity and, thus, was preempted. Accordingly, the owner of the farmland, Dean Stephens...

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