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TP. OF DERRY v. DEPT. OF LABOR AND INDUSTRY

No. 493 M.D. 2006.

12 A.3d 489 (2011)

TOWNSHIP OF DERRY, Petitioner v. PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY, the Milton S. Hershey Medical Center, and Pennsylvania State University, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 24, 2011.

Attorney(s) appearing for the Case

Kimberly M. Colonna , Harrisburg, for petitioner.

James M. Horne , State College, for respondent Milton S. Hershey Medical Center.

Kelly K. Smith , Harrisburg, for respondent Pennsylvania Department of Labor and Industry.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, LEAVITT, Judge, McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge BUTLER.

Petitioner, Derry Township (Township) filed a Petition for Review in this Court's original jurisdiction, seeking a declaratory judgment that Section 401.1 of Pennsylvania's Uniform Construction Code, 34 Pa. Code § 401.1 (Section 401.1), is overbroad and exceeds the authority provided to the Department of Labor and Industry (Department) by the Pennsylvania Construction Code Act (PCCA),1 in that Section 401...

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