54 Pa. Commw. 431 | Pa. Commw. Ct. | 1980
Memorandum Opinion by
On September 16, 1980, this Court issued an Order granting a motion for summary judgment filed by intervening respondent Slate Belt Vehicle Recycling Center. This memorandum opinion is written in compliance with Pa. R.A.P. No. 1925, pursuant to petitioner’s appeal of that decision to the Pennsylvania Supreme Court.
The case comes before this Court on a petition to review the issuance of an Automotive Dismantler and Recycler License to intervening respondent (Slate Belt) by the Pennsylvania Department of Transportation, conditioned upon the completion of proper screening in compliance with the Act Regulating Junkyards, Automotive Dismantlers and Recyelers Along Highways
The material issues of fact are undisputed in this case. The license in question was applied for and approved pursuant to the provisions of the Junkyard Act. The statute is clear in stating, inter alia, that no license shall be issued for any junkyard that lies within 1000 feet of a highway unless it is properly screened. Other than under four specifically enumerated exceptions, the department has no discretion in the issuance of junkyard licenses. The ultimate question before us is the propriety or impropriety of the issuance of a license conditioned solely upon compliance with the provisions of the pertinent statute. The answer appears to be self-evident.
However, Washington Township seems to contend that the issuance of a license by the Department is a blanket permit to operate a junkyard, even in disregard of any other legal requirements. As Washington Township interprets this statute, it does have standing to raise the question, because the prospective site is in an area zoned residential, and the operation would violate its zoning ordinance. Although its interpretation of the statute’s application is legally incorrect, it nevertheless has the right to file the petition. The issue of its standing cannot be determined until a decision has been reached on the merits.
In Quakertown Borough v. Richland Township, 28 Pa. Commonwealth Ct. 180, 368 A.2d 343 (1977), we
The Pennsylvania Supreme Court has also spoken concerning the issue of state legislation in a field in which municipalities also have a statutory interest. “ [W]here the Act is silent as to monopolistic domination and a municipal ordinance provides for a localized procedure which furthers the salutory scope of the Act, the ordinance is welcomed as an ally, bringing reinforcements into the field of attainment of the statute’s objectives.” Department of Licenses and Inspections v. Weber, 394 Pa. 466, 469, 147 A.2d 326, 327 (1959).
The issuance of a license under the Junkyard Act is a non-discretionary function of the Pennsylvania
For the reasons delineated herein, we grant the motion for summary judgment.
Ordeb
And Now, September 16, 1980, the motion for Summary Judgment filed by Intervening Respondent Slate Belt Vehicle Recycling Center, Inc., is hereby granted.
Act of July 28, 1966, P.L. 91, §1, as emended, 36 P.S. §2719.1 et seq.
See 36 P.S. §2719.8, Acquisition of Property — The Secretary is hereby authorized to acquire by gift, purchase, exchange or condemnation such property as shall be necessary to carry out the provisions of sections 6 and 7.