Schuylkill Township v. Pennsylvania Builders Association, No. 842 MAL 2007.

Decision Date05 May 2008
Docket NumberNo. 842 MAL 2007.
PartiesSCHUYLKILL TOWNSHIP, Petitioner v. PENNSYLVANIA BUILDERS ASSOCIATION, Home Builders Association of Chester and Delaware Counties, The Basile Corporation And SHC, Inc., Respondents.
CourtPennsylvania Supreme Court
947 A.2d 714
SCHUYLKILL TOWNSHIP, Petitioner
v.
PENNSYLVANIA BUILDERS ASSOCIATION, Home Builders Association of Chester and Delaware Counties, The Basile Corporation And SHC, Inc., Respondents.
No. 842 MAL 2007.
Supreme Court of Pennsylvania.
May 5, 2008.

Petition for Allowance of Appeal No. 842 MAL 2007 from the Order of the Commonwealth Court.

Prior Report: Pa.Cmwlth., 935 A.2d 575.

ORDER

PER CURIAM.


AND NOW, this 5th day of May 2008, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

Whether Section 503 of the Pennsylvania Construction Code Act, 35 P.S. § 7210.503(j)(2), requires a municipality to prove that there are unusual local circumstances or conditions atypical of other municipalities that would justify an ordinance which departs from the construction standards mandated by the Uniform Construction Code?

Whether the Commonwealth Court, in establishing a new standard on an issue of first impression should have provided the Township with an opportunity to satisfy that standard?

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    ... 947 A.2d 714 ... COMMONWEALTH of Pennsylvania, Appellee ... Jerome MARSHALL, Appellant ... Lawry, Esq., Defender Association of Philadelphia, Philadelphia, for Jerome ... Rainey, 593 Pa. 67, 928 A.2d 215, 223 (2007). Our standard of review requires that we ... ...
  • Pennsbury Village Associates v. Mcintyre
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    ...The term "environmental" is not defined in the Immunity Act; thus, dictionary definitions may be consulted. Schuylkill Township v. Pennsylvania Builders Ass'n, 935 A.2d 575 (Pa. Cmwlth.2007), appeal granted, ___ Pa. ___, 947 A.2d 714 (2008). One dictionary has: "1. Of, relating to, or assoc......
  • Schuylkill Tp. v. Pa. Builders Ass'n
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    • Pennsylvania Supreme Court
    • 19 October 2010
    ...agreed with the trial court the Secretary's use of the phrase "not atypical" was not a legal conclusion. Schuylkill Township v. Pennsylvania Builders Association, 935 A.2d 575, 581 (Pa.Cmwlth.2007). Nevertheless, the court found equating "local" with "atypical" was not erroneous, pursuant t......
  • Schuylkill Twp. v. Pa. Builders Ass'n
    • United States
    • Pennsylvania Supreme Court
    • 19 October 2010
    ...agreed with the trial court the Secretary's use of the phrase "not atypical" was not a legal conclusion. Schuylkill Township v. Pennsylvania Builders Association, 935 A.2d 575, 581 (Pa. Cmwlth. 2007). Nevertheless, the court found equating "local" with "atypical" was not erroneous, pursuant......
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