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PA Court tells Public Utility Commission to “Cease and Desist” local ordinance reviews

NOW, October 25, 2012, after oral argument on petitioners’
“application to enforce this Court’s July 26, 2012 order which permanently
enjoins the enforcement of certain provisions of Act 13 [the Act of February
14, 2012~ P.L. __, 58 Pa. C.S. §§2301-3504],” the application is granted,
and the Pennsylvania Public Utility Commission (PUC) Is hereby ORDERED to
CEASE and DESIST from acting upon requests pursuant to 58 Pa. C.S. §3305
to review municipal ordinances for compliance with the Pennsylvania
Municipalities Planning Code (MPC), 1 and Chapters 32 and Chapter 33 of Act
13. The Court’s July 26, 2012 order permanently enjoined the
Commonwealth from enforcing 58 Pa.C.S. §3304 and further ordered that
“the remaining provisions of Chapter 33 that enforce 58 Pa.C.S. §3304 are

similarly enjoined.” Robinson Twp. v. Commonwealth, _ A.3d _ (Pa.
Cmwlth., No. 284 M.D. 2012, filed July 26, 2012), 2012 WL 3030277 at 23.
Section 3305 is a provision enforcing Section · 3304 as it grants the PUC
authority to review proposed local ordinances at the request of municipalities
and to issue orders after review of local ordinances at the request of aggrieved
parties. The language of the Court’s July 26, 2012 order does not distinguish
between the basis for the PUC’s review (e.g., .whether an aggrieved party
alleges the ·local ordinance violates the MPC as opposed to Chapter 32); it
enjoins any section enforcing Section 3304. Section 3305 is a vehicle by
·which Section 3304-is enforced~- ·

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