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WALCK v. LOWER TOWAMENSING TOWNSHIP ZON. HEARING BD.

942 A.2d 200 (2008)

Barbara A. WALCK and Edgar F. Lorah, Jr., Appellants v. LOWER TOWAMENSING TOWNSHIP ZONING HEARING BOARD and Lower Towamensing Township.

Commonwealth Court of Pennsylvania.

Decided January 18, 2008.

Attorney(s) appearing for the Case

Stacey L. Morgan, Lancaster, for appellants.

Holly A. Heintzelman, Lehighton, for appellee, Lower Towamensing Township Zoning Hearing Board.

James R. Nanovic, Jim Thorpe, for appellee, Lower Towamensing Township.

BEFORE: SMITH-RIBNER and SIMPSON, Judges, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

In this land use appeal, we consider whether the Nutrient Management Act (NMA)1 and its attendant regulations preempt enforcement of a local zoning ordinance regarding the long-term stockpiling of a large quantity of sewage sludge on a farming operation. In particular, Barbara A. Walck (Walck),2 and Edgar F. Lorah, Jr. (Lorah) (collectively, Applicants) assert the Lower Towamensing...

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