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Philadelphia v. Franklin Smelting & Ref. Co.

Citation: 2 ELR 20112
No. No. 822 C.D. 1971, 284 A.2d 339/3 ERC 1491/3 Pa. Commw. 626, (Pa. Commw. Ct., 12/08/1971)

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 administrative remedies....

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