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GLEIM v. BEAR

151 Pa.Commw. 274 (1992)

616 A.2d 1064

Lois GLEIM, Arland Wagonhurst, Pamela Monismith, Raymond Bailey, Jake Hodge, and Geraldine Smith, individually and on Behalf of all Others Similarly Situated, Appellants, v. Howard O. BEAR, Robert H. Shearer and Jay H. McBride, Township Supervisors of North Middleton Township, and J.P. Mascaro & Sons, Inc. t/d/b/a Solid Waste Services, Inc.

Commonwealth Court of Pennsylvania.

Decided October 26, 1992.

Petition for Allowance of Appeal Denied April 6, 1993.

Attorney(s) appearing for the Case

Arthur T. McDermott, for appellants.

James D. Bogar, for appellee, North Middleton Tp. Bd. of Supervisors.

Albert A. DeGennaro, for appellee, J.P. Mascaro & Sons.

Before COLINS and KELLEY, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

Appellants, citizens of North Middleton Township, appeal from the order of the Court of Common Pleas of Cumberland County that sustained the preliminary objections of the Township Supervisors of North Middleton Township and J.P. Mascara & Sons, Inc. (Appellees). We affirm in part and reverse in part and remand.

On July 28, 1988, the Pennsylvania Legislature enacted the Municipal Waste Planning, Recycling and Waste Reduction Act (Act...

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