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DELAWARE CO. C. C., ET AL. v. FOX, ET AL.

Nos. 654 and 743 C.D. 1974.

20 Pa.Commw. 335 (1975)

Community College of Delaware County and Community College of Delaware County Authority, Appellants, and Township of Marple, Intervening Appellant, v. Mrs. Cyril G. Fox and Natural Lands Trust, Inc., Appellees. Central Delaware County Authority, Appellant, v. Mrs. Cyril G. Fox and Natural Lands Trust, Inc., Appellees.

Commonwealth Court of Pennsylvania.

July 18, 1975.

Attorney(s) appearing for the Case

D. Barry Gibbons, with him George P. Noel, and Gibbons, Buckley and Smith, for appellants, Community College of Delaware County and Community College of Delaware County Authority.

Herbert Goldfeld, with him Goldfeld & Friedman, for intervening appellant.

Robert J. Sugarman, with him William A. White, Warren Vogel, and Dechert, Price & Rhoads, for appellees.

William H. Markus, with him Markus, Riethmuller & Smith, for amicus curiae, Pennsylvania Municipal Authorities Association.

William M. Eichbaum, General Counsel, with him Douglas R. Blazey, Assistant Attorney General, for amicus curiae, Commonwealth of Pennsylvania, Department of Environmental Resources.

Fronefield Crawford, Jr., with him Crawford & Diamond, for amici curiae, Tri-County Conservancy of the Brandywine, Inc., Pennypack Watershed Association, Chester-Ridley-Crum Watershed Association, Del-Ches-Co Regional Council.

Argued December 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, July 18, 1975:

This action arises out of an appeal by Mrs. Cyril G. Fox and the Natural Lands Trust, Inc. (hereinafter Mrs. Fox and Natural Lands), from the grant of a sewage permit to the Central Delaware County Authority (Authority) by the Department of Environmental Resources (DER). Mrs. Fox and Natural Lands directed their appeal to the Environmental Hearing Board (EHB), which vacated the permit and remanded the matter to the DER. The Authority...

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