The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
RUSSELL BERNER AND DONNA : No. 84 MAL 2018
BERNER, KENDALL DOBBINS, ROBERT :
D. CLARK AND ROBERT W. WEBBER :
: Petition for Allowance of Appeal from
v. : the Order of the Commonwealth Court
:
MONTOUR TOWNSHIP ZONING :
HEARING BOARD AND SCOTT :
SPONENBERG :
:
PETITION OF: SCOTT SPONENBERG :
ORDER
PER CURIAM
AND NOW, this 1st day of August, 2018, the Petition for Allowance of Appeal is
GRANTED, LIMITED to Petitioner’s first issue is stated as follows:
(1) Whether the Commonwealth Court erred by holding that the Nutrient
Management Act (“NMA”), 3 P.S., §519, only preempts local ordinances as
applied to farms that have an approved nutrient management plan and that
small farms that are not required to submit nutrient management plans can
be subjected to more stringent regulation than larger more intensive
agricultural operations that are required to obtain approval of a nutrient
management plan under the Nutrient Management Act.
Allocatur is DENIED as to all remaining issues.
The ancillary applications for Leave to File Amicus Briefs filed by the
Commonwealth of Pennsylvania, Office of Attorney General, the Pennsylvania Farm
Bureau and the PennAg Industries Association are DENIED.