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D. E. R. v. ALLIAS, ET AL.

No. 41 C.D. 1975.

20 Pa.Commw. 222 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources v. Charles A.B. Allias, Jr., and Marian J. Allias.Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

July 10, 1975.

Attorney(s) appearing for the Case

Richard S. Ehmann, Special Assistant Attorney General, for appellant.

Charles A.B. Allias, Jr., with him James Irwin, for appellees.

Argued May 8, 1975, before Judges KRAMER, MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, July 10, 1975:

Charles A.B. Allias, Jr., and Marian J. Allias (Allias) are the owners of property in Westmoreland County which is located at a low point of a ravine and consequently the point toward which rainwater flows as it leaves lands immediately above the Allias property. As development of the area has occurred, property owners in the upper part of the ravine have piped surface water runoff toward the Allias property.

Allias...

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