statute includes a preemption clause (Pennsylvania) · Go Syfert
← Pennsylvania issues

statute includes a preemption clause in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2011–2018 0 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.

Followed or applied (4)

CaseFollowedCited
Hoffman Mining Co. v. Zoning Hearing Boardgreen
pa · 2011 · cited in 5 Pennsylvania opinions naming this issue, 2013–2018
2 sentences

2017Express preemption occurs “where the statute includes a preemption clause, the language of which specifically bars local authorities from acting on a particular subject matter.” Hoffman Mining Co., Inc. v. Zoning Hearing Board of Adams Township, 612 Pa. 598 , 32 A.3d 587, 593 (2011).

2017Express preemption occurs “where the statute includes a preemption clause, the language of which specifically bars local authorities from acting on a particular subject matter.” Hoffman Mining Co., Inc. v. Zoning Hearing Board of Adams Township, 612 Pa. 598 , 32 A.3d 587, 593 (2011).

45
Haas v. HOSGOODgreen
pa · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
1 sentence

2013A state statute can preempt a local ordinance in three situations: 1) where the statute includes a preemption clause expressly restricting local regulation; 2) where the statute is intended to occupy the entire field and permit no local regulation; and 3) where the ordinance conflicts with the state statute either because compliance with both is impossible or because the ordinance “stands as an obstacle to the execution of the full purposes of the statute.” Hoffman Mining Co. v. Zoning Hearing Board of Adams Township, 612 Pa. 598, 610-11 , 32 A.3d 587, 593-94 (2011); see also Holt’s Cigar Co.

11
Holt's Cigar Co. v. City of Philadelphiagreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
1 sentence

2013A state statute can preempt a local ordinance in three situations: 1) where the statute includes a preemption clause expressly restricting local regulation; 2) where the statute is intended to occupy the entire field and permit no local regulation; and 3) where the ordinance conflicts with the state statute either because compliance with both is impossible or because the ordinance “stands as an obstacle to the execution of the full purposes of the statute.” Hoffman Mining Co. v. Zoning Hearing Board of Adams Township, 612 Pa. 598, 610-11 , 32 A.3d 587, 593-94 (2011); see also Holt’s Cigar Co.

11
Cellucci v. General Motors Corp.green
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011Holt's Cigar, supra at 907 ; Huntley, 964 A.2d at 862 -63 & n. 6; Cellucci v. General Motors Corporation, 550 Pa. 407 , 706 A.2d 806, 809 (1998).

2011Holt's Cigar, supra at 907 ; Huntley, 964 A.2d at 862 -63 & n. 6; Cellucci v. General Motors Corporation, 550 Pa. 407 , 706 A.2d 806, 809 (1998).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Huntley & Huntley, Inc. v. Council of Oakmont green
pa · 2009
2 sentences

2011Holt’s Cigar, supra at 907 ; Huntley, 964 A.2d at 862 -63 & n. 6; Cellucci v. General Motors Corporation, 550 Pa. 407 , 706 A.2d 806, 809 (1998).

2011Holt's Cigar, supra at 907 ; Huntley, 964 A.2d at 862 -63 & n. 6; Cellucci v. General Motors Corporation, 550 Pa. 407 , 706 A.2d 806, 809 (1998).

12011–2011

Statutes the citing opinions construe

PA § 15 Pa. Cons. Stat. § 1511 (3) PA § 66 Pa. Cons. Stat. § 1501 (3)

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.

← Caselaw search · G Cite Topics · Brief Check