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DELAWARE CIT. FOR CL. AIR, INC. v. WATER & AIR R. COM'N

303 A.2d 666 (1973)

DELAWARE CITIZENS FOR CLEAN AIR, INC., and Jacob Kreshtool, Esquire, Appellants, v. WATER AND AIR RESOURCES COMMISSION and Delmarva Power and Light Company, Appellees.

Superior Court of Delaware, New Castle.

February 13, 1973.

Attorney(s) appearing for the Case

Jacob Kreshtool, Bader, Dorsey & Kreshtool, Wilmington, for appellants.

Richard Schleim, III, Deputy Atty. Gen., for Water and Air Resources Commission.

E. Dickinson Griffenberg, Jr., and Peter M. Sieglaff, Potter, Anderson & Corroon, Wilmington, for Delmarva Power and Light Co.

OPINION

CHRISTIE, Judge.

This is an appeal from the refusal of the Water and Air Resources Commission to entertain an appeal which the Commission says was not perfected within the time limits set by statute.

On February 29, 1972, the Department of Natural Resources and Environmental Control issued to the Delmarva Power and Light Company a permit allowing it to withdraw and discharge water from the Delaware...

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