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UGI UTILITIES, INC. v. CITY OF LANCASTER

No. 464 M.D. 2013

125 A.3d 858 (2015)

UGI UTILITIES, INC., Petitioner v. CITY OF LANCASTER, Charlotte Katzenmoyer, Director of Public Works, City Council for the City of Lancaster and Pennsylvania Public Utility Commission, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 15, 2015.

Attorney(s) appearing for the Case

Kevin T. Fogerty , Allentown, for petitioner.

Robert F. Young , Deputy Chief Counsel, and James A. Mullins , Assistant Counsel, Harrisburg, for respondent Pennsylvania Public Utilities Commission.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and RENÉE COHN JUBELIRER, Judge, and ROBERT SIMPSON, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge.

Presently before this Court is the application of UGI Utilities, Inc. (UGI) for partial summary relief seeking a declaration that several provisions of Administrative Ordinance No. 16-2013 (the Ordinance) enacted by the City of Lancaster (City) are invalid and preempted by the Public Utility Code (Code), 66 Pa.C.S. ...

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