BERNER v. MONTOUR TP. ZONING HEARING BD.

No. 39 MAP 2018.

217 A.3d 238 (2019)

Russell BERNER and Donna Berner, Kendall Dobbins, Nathan Roberts, Roberts Realty, LLC, Robert D. Clark and Robert W. Webber v. MONTOUR TOWNSHIP ZONING HEARING BOARD and Scott Sponenberg, Appeal of: Scott Sponenberg.

Supreme Court of Pennsylvania.

Decided: September 26, 2019.


Attorney(s) appearing for the Case

Matthew Mark Hennesy, Esq. , Barley Snyder LLP, for Sponenberg, Scott, Appellant.

John James Bell, Esq. , Joe Daniel Montenegro, Esq. , for Pennsylvania Farm Bureau, PennAg Industries Association, Appellant Amicus Curiae.

Howard Greeley Hopkirk, Esq. , Sean Andrew Kirkpatrick, Esq. , Joshua D. Shapiro, Esq. , Pennsylvania Office of Attorney General, John H. Howard, Esq. , PA Department of Agriculture, Curtis Sullivan, Esq. , Pennsylvania Department of Environmental Protection for Commonwealth of Pennsylvania, Appellant Amicus Curiae.

William Joseph Cluck, Esq. , Law Office of William J. Cluck, for Russell Berner, Donna Berner, Kendall Dobbins, Robert D. Clark & Robert W. Webber, Appellee.

Roger V. Wiest, Esq. , Wiest, Muolo, Noon, Swinehart & Bathgate, for Montour Township Zoning Hearing Board, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

The Nutrient Management Act (Act), 3 Pa.C.S. §§ 501-522, requires certain agricultural operations to comply with various standards regarding the management of livestock manure, among other "nutrients."1 The Act also contains a provision outlining the manner...

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