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D. E. R. v. APPLE VALLEY RACQUET CLUB

No. 1517 C.D. 1974.

20 Pa.Commw. 325 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources v. Apple Valley Racquet Club, Appellant.

Commonwealth Court of Pennsylvania.

July 17, 1975.

Attorney(s) appearing for the Case

Robert B. Dornhaffer, with him Thomas, Shafer, Walker, Dornhaffer & Swick, for appellant.

Eric Pearson, Special Assistant Attorney General, for appellee.

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

OPINION BY JUDGE WILKINSON, July 17, 1975:

This case presents two questions; the first and important one is whether the Public Bathing Law, Act of June 23, 1931, P.L. 899, as amended, 35 P.S. § 672, et seq., applies to a swimming pool owned and operated by a membership club for the use and enjoyment of the club members and their invited guests. The second question is whether, if the Act applies, did the Environmental Hearing Board abuse its discretion...

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