Lehigh County Judge’s Opinion Letter

Conclusion quoted from the end of the Judge’s opinion letter:

As such, this court agrees with the conclusion of the Board. Timothy A. Benyo, Chief Clerk of the Election Board provided an explanation of the Boards’ August decision. He wrote that the Board found that the “City of Allentown Clean Air Ordinance, as proposed, does not properly recognize and account for the Department of Environmental Protection’s mandated approval role.” The proposed ordinance establishes an air pollution control program that is not authorized pursuant to APCA, 35 P.S. 4012(b) in that the City of Allentown is not a first or second class county. Furthermore, the proposed ordinance does not provide for or acknowledge the required application and approval of the Department in that the proposed ordinance is effective immediately. Therefore, the decision of the Board is affirmed and the writ of mandamus is denied. – Michele A. Varricchio, J.

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