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COUNCIL OF MIDDLETOWN TP. v. BENHAM

514 Pa. 176 (1987)

523 A.2d 311

COUNCIL OF MIDDLETOWN TOWNSHIP, DELAWARE COUNTY, Pennsylvania, Appellant, v. Alice S. BENHAM, Co-Executrix, and Mary Christine Moran, Co-Executrix of the Estate of Grant J. Benham, Appellee.

Supreme Court of Pennsylvania.

Decided March 23, 1987.

Attorney(s) appearing for the Case

Robert B. Surrick, Media, for appellant.

James P. Gannon, Media, for appellee.

Before NIX, C.J., and FLAHERTY, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant, the Council of Middletown Township, a second class township, appeals by allowance Commonwealth Court's order affirming a Delaware County Common Pleas order granting preliminary approval to appellee's planned residential development. This appeal presents two issues: (1) are all local zoning ordinances dealing with sewage and sewers invalid because of the General Assembly's preemption of the field through...

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