Philadelphia v. Franklin Smelting & Ref. Co.

ELR Citation: ELR 20112
No(s). 822 C.D. 1971 (Pa. Commw. Ct. Dec 8, 1971)

City of Philadelphia may not enforce its Air Management Code by suit for injunctive relief unless the Code violation constitutes a nuisance per se. Because the city has not pleaded facts sufficient to support the allegation of a per se nuisance, the city is relegated to the statutorily prescribed ad...

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