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CLARK, INC. v. HAMILTON TP.

128 Pa.Commw. 31 (1989)

562 A.2d 965

RONALD H. CLARK, INC., Appellant, v. TOWNSHIP OF HAMILTON, Appellee.

Commonwealth Court of Pennsylvania.

Decided August 3, 1989.

Attorney(s) appearing for the Case

Steven L. Friedman and James J. Greenfield, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, for appellant.

Allen E. Ertel, Allen E. Ertel & Assoc., Williamsport, for appellee.

Before COLINS and PALLADINO JJ., and BARBIERI, Senior Judge.

BARBIERI, Senior Judge.

Ronald H. Clark, Inc. (Clark) appeals the order of the Tioga County Court of Common Pleas which sustained the preliminary objections of the Township of Hamilton (Township) to Clark's declaratory judgment complaint seeking a determination that Ordinances passed by the Township restricting Clark from operating a landfill were invalid.

The facts surrounding the appeal are that in November of 1984, Clark obtained long term leases on 400...

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