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11 Pennsylvania opinions name it 2 courts 2006–2022 2 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fross v. County of Alleghenygreen2 sentences2022See Fross, 20 A.3d at 1194-95 . 9 The Supreme Court disagreed with the County, concluding that the ordinance interfered with the intent of the General Assembly in adopting Megan’s Law and the Sentencing and Parole Codes and was, therefore, invalid under the conflict preemption doctrine. 2022Id. at 1195 . | 2 | 3 |
Orson, Inc. T/a Roxy Screening Rooms v. Miramax Film Corp.green2 sentences2006Orson, 189 F.3d at 381-82 (citations omitted) (emphasis added). 2006Orson, 189 F.3d at 381-82 (citations omitted) (emphasis added). | 2 | 2 |
Hoffman Mining Co. v. Zoning Hearing Boardgreen2 sentences2022Relevant here, the conflict preemption doctrine is applicable where “simultaneous compliance with both [a] local ordinance and [a] state statute is impossible” or where the local enactment “stands as an obstacle to the execution of the full purposes of the statute.” Hoffman Mining Co., Inc. v. Zoning Hearing Bd. of Adams Twp., Cambria Cnty., 32 A.3d 587, 594 (Pa. 2011). 2019As previously noted, the NMA does not preempt the entire field of nutrient management, see Majority Opinion at 14-15; thus, a conflict preemption analysis is warranted. “[C]onflict preemption require[s] an analysis of whether preemption is implied in or implicit from the text of the whole statute, which may or may not include an express preemption clause.” Hoffman Mining, 32 A.3d at 594 , citing Cellucci v. Gen. | 1 | 3 |
UGI Utilities, Inc. v. City of Reading and PA PUCgreen1 sentence2022See UGI Utils., Inc. v. City of Reading, 179 A.3d 624, 629 (Pa. Cmwlth. 2017) (“Preemption is not limited to state statutes; both state statutes and state regulations may preempt local ordinances.”). | 1 | 1 |
Cellucci v. General Motors Corp.green1 sentence2019Motors Corp., 706 A.2d 806, 809 (Pa. 1998). | 1 | 1 |
Department of Licenses & Inspections v. Webergreen2 sentences2011See Nutter v. Dougherty, 595 Pa. 340 , 938 A.2d 401 (2007); Mars EMS, 740 A.2d 193 ; Marcincin, 515 A.2d 1320 , Dep't of Licenses & Inspections v. Weber, 394 Pa. 466 , 147 A.2d 326 (1959) ( "Weber" ). *919 Among relevant types of ordinances that this Court has found valid against a conflict preemption challenge are enactments that added locally-tailored conditions to broad state pronouncements on a given course of conduct, and ordinances that defined prerequisites for operating a business in the municipality which exceeded the licensing requirements imposed by the state statute. 2011See Nutter v. Dougherty, 595 Pa. 340 , 938 A.2d 401 (2007); Mars EMS, 740 A.2d 193 ; Marcincin, 515 A.2d 1320 , Dep't of Licenses & Inspections v. Weber, 394 Pa. 466 , 147 A.2d 326 (1959) ( "Weber" ). *919 Among relevant types of ordinances that this Court has found valid against a conflict preemption challenge are enactments that added locally-tailored conditions to broad state pronouncements on a given course of conduct, and ordinances that defined prerequisites for operating a business in the municipality which exceeded the licensing requirements imposed by the state statute. | 1 | 1 |
Nutter v. Doughertygreen2 sentences2011See Nutter v. Dougherty, 595 Pa. 340 , 938 A.2d 401 (2007); Mars EMS, 740 A.2d 193 ; Marcincin, 515 A.2d 1320 , Dep't of Licenses & Inspections v. Weber, 394 Pa. 466 , 147 A.2d 326 (1959) ( "Weber" ). *919 Among relevant types of ordinances that this Court has found valid against a conflict preemption challenge are enactments that added locally-tailored conditions to broad state pronouncements on a given course of conduct, and ordinances that defined prerequisites for operating a business in the municipality which exceeded the licensing requirements imposed by the state statute. 2011See Nutter v. Dougherty, 595 Pa. 340 , 938 A.2d 401 (2007); Mars EMS, 740 A.2d 193 ; Marcincin, 515 A.2d 1320 , Dep't of Licenses & Inspections v. Weber, 394 Pa. 466 , 147 A.2d 326 (1959) ( "Weber" ). *919 Among relevant types of ordinances that this Court has found valid against a conflict preemption challenge are enactments that added locally-tailored conditions to broad state pronouncements on a given course of conduct, and ordinances that defined prerequisites for operating a business in the municipality which exceeded the licensing requirements imposed by the state statute. | 1 | 1 |
Mars Emergency Medical Services, Inc. v. Township of Adamsgreen2 sentences2011Id.; Mars Emergency Medical Services, Inc. v. Township of Adams, 559 Pa. 309 , 740 A.2d 193, 195 (1999) (citing Western Pennsylvania Restaurant Association v. City of Pittsburgh, 366 Pa. 374 , 77 A.2d 616 , 620 (1951)). 2011See Nutter v. Dougherty, 595 Pa. 340 , 938 A.2d 401 (2007); Mars EMS, 740 A.2d 193 ; Marcincin, 515 A.2d 1320 , Dep't of Licenses & Inspections v. Weber, 394 Pa. 466 , 147 A.2d 326 (1959) ( "Weber" ). *919 Among relevant types of ordinances that this Court has found valid against a conflict preemption challenge are enactments that added locally-tailored conditions to broad state pronouncements on a given course of conduct, and ordinances that defined prerequisites for operating a business in the municipality which exceeded the licensing requirements imposed by the state statute. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Haas v. HOSGOOD
green
2 sentences2011Conflict Preemption Finally, I note that I agree with the Majority’s conflict preemption analysis, because it squares with my dissenting expression in Holt’s Cigar Co. v. City of Philadelphia, 608 Pa. 146 , 10 A.3d 902 (2011) (“Holt’s ”). 2011Conflict Preemption Finally, I note that I agree with the Majority's conflict preemption analysis, because it squares with my dissenting expression in Holt's Cigar Co. v. City of Philadelphia, 608 Pa. 146 , 10 A.3d 902 (2011) ( "Holt's" ). | 2 | 2011–2012 |
Holt's Cigar Co. v. City of Philadelphia
green
2 sentences2011Conflict Preemption Finally, I note that I agree with the Majority’s conflict preemption analysis, because it squares with my dissenting expression in Holt’s Cigar Co. v. City of Philadelphia, 608 Pa. 146 , 10 A.3d 902 (2011) (“Holt’s ”). 2011Conflict Preemption Finally, I note that I agree with the Majority's conflict preemption analysis, because it squares with my dissenting expression in Holt's Cigar Co. v. City of Philadelphia, 608 Pa. 146 , 10 A.3d 902 (2011) ( "Holt's" ). | 1 | 2011–2011 |
Western Pennsylvania Restaurant Ass'n v. Pittsburgh
green
2 sentences2011Id.; Mars Emergency Medical Services, Inc. v. Township of Adams, 559 Pa. 309 , 740 A.2d 193, 195 (1999) (citing Western Pennsylvania Restaurant Association v. City of Pittsburgh, 366 Pa. 374 , 77 A.2d 616 , 620 (1951)). 2011Id.; Mars Emergency Medical Services, Inc. v. Township of Adams, 559 Pa. 309 , 740 A.2d 193, 195 (1999) (citing Western Pennsylvania Restaurant Association v. City of Pittsburgh, 366 Pa. 374 , 77 A.2d 616 , 620 (1951)). | 1 | 2011–2011 |
Fross v. County of Allegheny
green
1 sentence2011Fross, 612 F.Supp.2d at 660 . | 1 | 2011–2011 |
CITY COUN. OF BETHLEHEM v. Marcincin
green
1 sentence2011See Nutter v. Dougherty, 595 Pa. 340 , 938 A.2d 401 (2007); Mars EMS, 740 A.2d 193 ; Marcincin, 515 A.2d 1320 , Dep't of Licenses & Inspections v. Weber, 394 Pa. 466 , 147 A.2d 326 (1959) ( "Weber" ). *919 Among relevant types of ordinances that this Court has found valid against a conflict preemption challenge are enactments that added locally-tailored conditions to broad state pronouncements on a given course of conduct, and ordinances that defined prerequisites for operating a business in the municipality which exceeded the licensing requirements imposed by the state statute. | 1 | 2011–2011 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.