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SUNNY FARMS, LTD. v. NO. CODORUS TWP. ET AL.

No. 308 C.D. 1982.

81 Pa.Commw. 371 (1984)

Sunny Farms, Ltd., Appellant v. North Codorus Township and O.U.C.H, Inc., Appellees.

Commonwealth Court of Pennsylvania.

April 6, 1984.

Attorney(s) appearing for the Case

Pamela S. Goodwin, with her Robert J. Shostak and Michael E. Calderone, Shostak & Rosen, P.C., for appellant.

Daniel M. Frey, Crabbs, Cashman and Frey, for North Codorus Township, Appellee.

Michael O. Davis, Campbell, Spitzer, Davis & Turgeon, for O.U.C.H., Inc., Appellee.

Argued May 11, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., April 6, 1984:

Sunny Farms, Ltd. appeals from a final decree of the York County Common Pleas Court prohibiting the construction and operation of an underground, hazardous waste disposal facility in violation of Ordinance No. 18 of North Codorus Township (a second class township). Section 4(c) of that Ordinance provides the following:

No such site for incineration or for disposition by the Sanitary Land Fill method shall be...

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