Com. Office of Atty. Gen. Ex Rel. Corbett v. Locust Tp.

968 A.2d 1263, 600 Pa. 533, 2009 Pa. LEXIS 668
CourtSupreme Court of Pennsylvania
DecidedApril 29, 2009
Docket14 MAP 2007 and 22 MAP 2007
StatusPublished
Cited by26 cases

This text of 968 A.2d 1263 (Com. Office of Atty. Gen. Ex Rel. Corbett v. Locust Tp.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. Office of Atty. Gen. Ex Rel. Corbett v. Locust Tp., 968 A.2d 1263, 600 Pa. 533, 2009 Pa. LEXIS 668 (Pa. 2009).

Opinions

OPINION

Justice BAER.

In June of 2006, the Attorney General brought an action in the original jurisdiction of the Commonwealth Court against Locust Township and the Locust Township Board of Supervisors (Township) pursuant to Chapter three of the Agricultural Code (ACRE), 3 Pa.C.S. § 311-318, which, effective July 6, 2005 in accordance with Act 38 of 2005, addresses local regulation of normal agricultural operations. The Attorney General sought to challenge the validity of the Township’s Zoning Ordinance No. 4-2001 (Ordinance) on the grounds that it conflicts with and is preempted by a number of state statutes. In response to preliminary objections filed by the Township, the Commonwealth Court found that it had subject matter jurisdiction over the Attorney General’s action, and granted the Township’s preliminary objection asserting that there was no justiciable controversy ripe for adjudication. Consequently, the Commonwealth Court dismissed the Attor[537]*537ney General’s petition for review with prejudice. Both parties cross-appealed from the Commonwealth Court’s order, which we affirm in part and reverse in part. We conclude that the Commonwealth Court properly overruled the Township’s preliminary objection to the court’s subject matter jurisdiction. However, we find that the Commonwealth Court erred in regard to the justiciability issue, and that the Attorney General’s petition for review did, in fact, present a case and controversy ripe for adjudication in accord with the terms of ACRE.

The General Assembly enacted Chapter three of ACRE, 3 Pa.C.S. § 311-318, to ensure that local regulation of normal agricultural operations are consistent with Commonwealth policies and statutes.1 Act 38 of 2005, July 6, P.L. 112, No. 38, preamble, reprinted at 3 Pa.C.S. § 311 (historical and statutory notes). To advance this purpose, Chapter three defines an unauthorized local ordinance as follows:

“Unauthorized local ordinance.” An ordinance enacted or enforced by a local government unit which does any of the following:
(1) Prohibits or limits a normal agricultural operation unless the local government unit:
(i) has expressed or implied authority under State law to adopt the ordinance; and
(ii) is not prohibited or preempted under State law from adopting the ordinance.
(2) Restricts or limits the ownership structure of a normal agricultural operation.
[538]*5383 Pa.C.S. § 312. The statute prohibits local governments from adopting and enforcing unauthorized local ordinances in the following provision:
§ 313. Certain local government unit actions prohibited
(a) Adoption and enforcement of unauthorized local ordinances.-A local government unit shall not adopt nor enforce an unauthorized local ordinance.
(b) Existing local ordinances.-This chapter shall apply to the enforcement of local ordinances existing on the effective date of this section and to the enactment or enforcement of local ordinances enacted on or after the effective date of this section ...

3 Pa.C.S. § 313. Section 314 of ACRE provides that certain ■individuals may request the Attorney General to review local ordinances and consider whether to bring legal action to challenge them, and the Attorney General may exercise discretion in deciding whether to bring such an action pursuant to Section 315:

§ 314. Duties of Attorney General
(a) Request for review. — An owner or operator of a normal agricultural operation may request the Attorney General to review a local ordinance believed to be an unauthorized local ordinance and to consider whether to bring legal action under section 315(a) (relating to right of action).
(b) Discretion. — The Attorney General has the discretion whether to bring an action under section 315(a).
(c) Response. — Within 120 days after receiving a request under subsection (a), the Attorney General shall advise the person that made the request whether or not the Attorney General will bring legal action under section 315(a). If the request under subsection (a) is in writing, the response shall be in writing.
(d) Consultation. — The secretary and the dean of the College of Agricultural Sciences at The Pennsylvania State University shall, upon request of the Attorney General, [539]*539provide expert consultation regarding the nature of normal agricultural operations in this Commonwealth.

3 Pa.C.S. § 314. Section 315(a), in turn, authorizes a right of action by the Attorney General:

§ 315. Right of action
(a) Attorney General action. — The Attorney General may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance.

3 Pa.C.S. § 315(a).

When Chapter three became effective on July 6, 2005, Locust Township had in existence the Ordinance, which regulates intensive animal operations, defined as, inter alia, the keeping, housing, confining, raising, feeding, production or other maintaining of livestock or poultry animals when, on an annualized basis, there exists more than 150 “animal equivalent units” on the agricultural operation.2 In October, 2005, pursuant to 3 Pa.C.S. § 314(a) (providing that an operator of a normal agricultural operation may request that the Attorney General review a local ordinance), an agricultural operator located in Locust Township, who evidently believed that his operation was in conformity with state law but potentially inconsistent with the Ordinance, requested that the Attorney General review the Ordinance and bring legal action against the Township to invalidate it. See 3 Pa.C.S. § 315(a) (authorizing the Attorney General to bring an action in the Commonwealth Court to invalidate an unauthorized local ordinance).3 [540]*540In due course, the Attorney General filed a petition for review (Petition) in the Commonwealth Court seeking to have the court invalidate the provisions of the Ordinance which violate or are preempted by state law and thereby to enjoin the Township from attempting to enforce such challenged provisions. The Attorney General did not allege that the Township attempted to apply or enforce any part of the Ordinance.

The Township responded by filing preliminary objections asserting that the court lacked subject matter jurisdiction because the Ordinance is a land-use provision governed by the Pennsylvania Municipalities Planning Code (MPC), 53 P.S. §§ 10101-11202, which, the Township argued, vests exclusive jurisdiction over substantive challenges to land-use ordinances in the local zoning hearing board (ZHB), in accord with 53 P.S. § 10909.1(a)(1). See Merlin v. Commonwealth, 72 Pa.Cmwlth. 45, 455 A.2d 789 (1983).

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Bluebook (online)
968 A.2d 1263, 600 Pa. 533, 2009 Pa. LEXIS 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-office-of-atty-gen-ex-rel-corbett-v-locust-tp-pa-2009.