CLEAR VUE H. ASSN. ET AL. v. COM. OF PA. ET AL.

No. 1368 C.D. 1973.

13 Pa.Commw. 65 (1974)

NOW, March 28, 1974, the order of the Unemployment Compensation Board of Review, dated February 28, 1973, finding the determination of the referee affirming the Bureau's disallowance of the claim to be proper and denying the appeal, is affirmed. Clear Vue Acres Homeowners Association, a Pennsylvania Unincorporated Nonprofit Association, by Richard Domrzalski and Donald J. Breslauer, and Bruce Frace, Trustees Ad Litem, and Richard Domrzalski and Susan Domrzalski, Individually and Jointly, Plaintiffs, v. Commonwealth of Pennsylvania, Department of Environmental Resources, Maurice Goddard, Secretary, William Eichbaum, Deputy Attorney General and General Counsel to Department of Environmental Resources, Marvin Fine, Special Assistant Attorney General, Douglas Blazey, Special Assistant Attorney General, and Martha Traylor, Special Assistant Attorney General, Defendants.

Commonwealth Court of Pennsylvania.

March 29, 1974.


Attorney(s) appearing for the Case

Darold L. Hemphill, with him Butterfield, Joachim, Brodt, Hemphill and Houser, for plaintiffs.

Michael S. Alushin, Special Assistant Attorney General, for defendants.

Argued March 5, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, March 29, 1974:

This action in mandamus was commenced in this Court by plaintiffs, two individuals and an unincorporated nonprofit homeowners association, upon filing a complaint against the Secretary of the Department of Environmental Resources (DER), a Deputy Attorney General, and three Special Assistant Attorneys General. The prayer of the complaint in mandamus was to require the defendants to bring legal action

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