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OFFICE OF ATTY. GEN. v. EAST BRUNSWICK

No. 476 M.D. 2007

980 A.2d 720 (2009)

COMMONWEALTH of Pennsylvania, OFFICE OF ATTORNEY GENERAL, By Thomas W. Corbett, Jr., Attorney General, Petitioner v. EAST BRUNSWICK TOWNSHIP, and East Brunswick Township Board of Supervisors, Respondents.

Commonwealth Court of Pennsylvania.

Decided August 21, 2009.

Attorney(s) appearing for the Case

Susan L. Bucknum, Sr. Deputy Attorney General, Harrisburg, for petitioner.

James E. Crossen, III, Pottsville, for respondents.

BEFORE: SIMPSON, Judge, LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

The Pennsylvania Attorney General, Thomas W. Corbett, Jr., has commenced an action for declaratory and injunctive relief, seeking to invalidate an ordinance of East Brunswick Township. The Attorney General challenges this ordinance, enacted in 2008 and entitled "Ordinance to Assure Local Public Health and Safety During and After Land Application of Sewage Sludges" (2008 Ordinance),1 on two principal grounds. First...

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