# Berner,et al v. Montour ZHB,et al Pet: Sponenberg

> Supreme Court of Pennsylvania · August 1, 2018 · 190 A.3d 593

URL: https://www.frixlaw.com/law-library/cases/4300159

## Case

- **Full name:** Russell BERNER and Donna Berner, Kendall Dobbins, Robert D. Clark and Robert W. Webber v. MONTOUR TOWNSHIP ZONING HEARING BOARD and Scott Sponenberg Petition Of: Scott Sponenberg
- **Court:** Supreme Court of Pennsylvania
- **Decided:** August 1, 2018
- **Citations:** 190 A.3d 593
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4300159

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4300159. Public record. Not legal advice.