Commonwealth v. Locust Twp., 968 A.2d 1263 (Pa. 2009).
Commonwealth Court has original jurisdiction for challenges filed by the Attorney General to township ordinances under the ACRE statute.
The Pennsylvania Supreme Court determined that the Attorney General acted in his official capacity and his own right under the powers conferred by the Agricultural Code, and does not merely stand in the shoes of the landowner, when challenging a township’s ordinance with respect to petitions for review under the Agricultural Code. Here, the Commonwealth Court has original jurisdiction and the Attorney General need not appeal via procedures governed by the Municipalities Planning Code.
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