Clarke v. Township of Hermitage

Commonwealth Court of Pennsylvania

Clarke v. Township of Hermitage

433 A.2d 631, 61 Pa. Commw. 307, 1981 Pa. Commw. LEXIS 1718

CourtCommonwealth Court of Pennsylvania

DecidedAugust 17, 1981

DocketAppeal, No. 422 C.D. 1980

StatusPublished

This text of 433 A.2d 631 (Clarke v. Township of Hermitage) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clarke v. Township of Hermitage, 433 A.2d 631, 61 Pa. Commw. 307, 1981 Pa. Commw. LEXIS 1718 (Pa. Ct. App. 1981).

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Opinion

Opinion by

President Judge Crumlish,

The Mercer County Common Pleas Court denied Buhl E. Clarke’s request for declaratory judgment concluding that Hermitage Township had zoning control over the location of a privately owned and operated commercial and general services airport facility within township limits.

The Township had cited the facility in August of 1978 for operating in violation of the Hermitage Township Zoning Ordinance. Clarke argues that the General Assembly has pre-empted site selection of airports in the Commonwealth through the passage of The Aeronautical Code, Act of May 25, 1933, P.L. 1001, as amended, 2 P.S. §1460, that the Pennsylvania Aeronautics Commission has sole jurisdiction to establish and decide the location of airport facilities and that the Township is consequently barred from utilizing its zoning powers to prohibit the location of a private airport on private land once the Aeronautics Commission has issued a license to operate a commercial, general service facility.

After careful and considered review of the briefs and record, we affirm on the able lower court opinion by President Judge John Q. Stranahan, dated January 23, 1980, at No. 280 C.D. 1979, Court of Common Pleas of Mercer County.

Affirmed.

[309]*309Order

The Mercer County Common Pleas Court order, dated January 23,1980, No. 280 C.D. 1979, is affirmed. Date: August 17,1981.

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Opinion by

President Judge Crumlish,

The Mercer County Common Pleas Court denied Buhl E. Clarke’s request for declaratory judgment concluding that Hermitage Township had zoning control over the location of a privately owned and operated commercial and general services airport facility within township limits.

The Township had cited the facility in August of 1978 for operating in violation of the Hermitage Township Zoning Ordinance. Clarke argues that the General Assembly has pre-empted site selection of airports in the Commonwealth through the passage of The Aeronautical Code, Act of May 25, 1933, P.L. 1001, as amended, 2 P.S. §1460, that the Pennsylvania Aeronautics Commission has sole jurisdiction to establish and decide the location of airport facilities and that the Township is consequently barred from utilizing its zoning powers to prohibit the location of a private airport on private land once the Aeronautics Commission has issued a license to operate a commercial, general service facility.

After careful and considered review of the briefs and record, we affirm on the able lower court opinion by President Judge John Q. Stranahan, dated January 23, 1980, at No. 280 C.D. 1979, Court of Common Pleas of Mercer County.

Affirmed.

[309]*309Order

The Mercer County Common Pleas Court order, dated January 23,1980, No. 280 C.D. 1979, is affirmed. Date: August 17,1981.

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Bluebook (online)

433 A.2d 631, 61 Pa. Commw. 307, 1981 Pa. Commw. LEXIS 1718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-township-of-hermitage-pacommwct-1981.