D. E. R. v. FLYNN

No. 1553 C.D. 1974.

21 Pa.Commw. 264 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant, v. James L. Flynn, Appellee.

Commonwealth Court of Pennsylvania.

September 24, 1975.


Attorney(s) appearing for the Case

John P. Krill, Jr., Assistant Attorney General, with him Dennis J. Harnish, Assistant Attorney General, for appellant.

Jeffrey H. Gribb, with him Leonard Tintner, for appellee.

Argued June 4, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, September 24, 1975:

On December 31, 1973, James L. Flynn entered into an agreement of sale for the purchase of a 2.15 acre lot located adjacent to Clarks Creek in Middle Paxton Township (Township). Mr. Flynn intended to build a home for himself there and recognized that, because there was no public sewer system in the vicinity, a sewer permit for the installation of an on-site sewage disposal system would have to be obtained. He also realized...

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