Rather than addressing the matters raised in the preliminary objections, the Commonwealth Court invoked the doctrine of ripeness sua sponte and dismissed the petition for review with prejudice in an unpublished opinion. All respondents filed preliminary objections. The petition identifies several construction projects at the Medical Center as to which Appellant contends that local ordinances have been circumvented. § 7210.301, is to displace the ability of municipalities to review and approve construction plans, issue building permits, and collect fees, in connection with the construction of certain non-Commonwealth buildings. § 7201.101-7201.1103, which requires the Department to maintain plan and specification review and inspection authority of all State-owned buildings, 35 P.S. According to Appellant, the effect of the Department's regulation, in conjunction with the application of the Pennsylvania Construction Code Act, 35 P.S. Hershey Medical Center (the 'Medical Center') in Derry Township. Its primary complaint is that regulations promulgated by the Department of Labor and Industry (the 'Department' or 'DLI') implement an overly broad construction of the term 'state-owned buildings' to include buildings located at the Milton S.

Hershey Medical Center & PA State University.ĬAPPY, C.J., and CASTILLE, BAER, EAKIN, SAYLOR, FITZGERALD, JJ.Īppellant challenges the Commonwealth Court's decision to dismiss its petition for review as unripe.Īppellant filed its petition, styled as a declaratory relief action, in September 2006. James Michael Horne, Esq., Dominick Joseph Muracco, III, Esq., McQuaide Blasko, Attorneys at Law, State College, PA, for Milton S. Caffier, Esq., Kelly Kathleen Smith, Esq., PA Department of Labor & Industry, Harrisburg, PA, for Department of Labor and Industry. Yost, Esq., Yost & Davidson, Hershey, PA, for Derry Township. Selemba, Esq., McNees, Wallace & Nurick, L.L.C., Harrisburg, PA Jon A. *57 James Paul DeAngelo, Esq., Kimberly Marie Colonna, Esq., Kimberly A. Hershey Center, and Pennsylvania State University, Appellees.

PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY, The Milton S. 932 A.2d 56 (2007) TOWNSHIP OF DERRY, Appellant,

Derry township zoning ordinance