Appeal from the Order of the Court of Common Pleas of Chester County in the case of London Grove Township v. Southeastern Chester County Refuse Authority, No. 86-02977.
John H. Spangler, Parke, Barnes, Spangler & Bortner, for appellant.
Roger E. Legg, Roger E. Legg and Associates, for appellee.
Judges Craig and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Doyle.
[ 102 Pa. Commw. Page 10]
London Grove Township (Township) appeals from an order*fn1 of the Court of Common Pleas of Chester County which denied the Township's application for a preliminary injunction enjoining the Southeastern Chester County Refuse Authority (Authority) from dumping
[ 102 Pa. Commw. Page 11]
trash on a landfill site within the Township without the conditional use permit required by the Township's zoning ordinances.
The facts in the present controversy are best understood by first examining the status and relationship of the parties. Appellant London Grove Township is a township of the second class located in Chester County, Pennsylvania. Appellee Southeastern Chester County Refuse Authority is a municipal authority formed pursuant to the provisions of the Municipality Authorities Act of 1945 (Act).*fn2 The Township is one of the municipalities which formed the Authority and is served by it. The Authority's purpose is to provide solid waste disposal to its member municipalities.
The Authority wished to operate a landfill on 80 acres of land it owned in the Township. This tract of land is located entirely within an area zoned R-1 residential. Under Section 400(f)*fn3 of the Township's zoning ordinances, a municipal authority's sanitary landfill is a permitted use within an R-1 zone, but only if:
(1) it is approved as a conditional use subject to the provisions of Article XIII-A, and (2) its service area shall include London Grove Township, the Township is a member in the event of operation by an Authority, and the operator serves the residents of London Grove Township on an equal basis with its other customers.
In order for a landfill operator to gain conditional use approval, the operator must follow a lengthy and complicated application procedure and must fully comply with the extensive requirements of ...