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Commonwealth v. Heidelberg Township

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


November 10, 2009

COMMONWEALTH OF PENNSYLVANIA, OFFICE OF ATTORNEY GENERAL BY THOMAS W. CORBETT, JR., ATTORNEY GENERAL, APPELLANT
v.
HEIDELBERG TOWNSHIP, HEIDELBERG TOWNSHIP BOARD OF SUPERVISORS, NORTH HEIDELBERG TOWNSHIP, NORTH HEIDELBERG TOWNSHIP BOARD OF SUPERVISORS, BOROUGH OF ROBESONIA, ROBESONIA BOROUGH COUNCIL, BOROUGH OF WOMELSDORF AND WOMELSDORF BOROUGH COUNCIL, APPELLEES
COMMONWEALTH OF PENNSYLVANIA, OFFICE OF ATTORNEY GENERAL BY THOMAS W. CORBETT, JR., ATTORNEY GENERAL, APPELLANT
v.
LOWER OXFORD TOWNSHIP, LOWER OXFORD TOWNSHIP BOARD OF SUPERVISORS, APPELLEES

Appeal from the December 12, 2006, Order of the Commonwealth Court at No. 357 M.D. 2006 137 MAP 2006 Appeal from the December 12, 2006 Order of the Commonwealth Court at No. 359 M.D. 2006 915 A.2d 685 (Pa. Cmwlth. 2006).

Per curiam.

ORDER

AND NOW, this 10th day of November, 2009, appellant's petition for reconsideration is GRANTED. This Court's November 21, 2007 order in the instant matters is VACATED. The orders of the Commonwealth Court which sustained the preliminary objections of Heidelberg Township, et al., and Lower Oxford Township, et al., and dismissed without prejudice the Commonwealth of Pennsylvania, Office of Attorney General's petitions for review, are hereby REVERSED. See Commonwealth, Office of the Attorney General v. Locust Twp., 968 A.2d 1263 (Pa. 2009) (holding that Chapter Three of Agricultural Code, 3 Pa.C.S. §§ 311-318, authorizes Attorney General to bring pre- enforcement action to invalidate or enjoin enforcement of local ordinance, even if ordinance existed on Chapter Three's effective date).

20091110

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