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LANCASTER v. DER

6 Pa. D. & C. 3d 159 (1978)

City of Lancaster v. Department of Environmental Resources

Common Pleas Court of Philadelphia County, Pennsylvania.

April 10, 1978.

Attorney(s) appearing for the Case

Christopher W. Mattson, James A. Humphreys, III and Barley, Snyder, Cooper & Barber, for plaintiff.

Earl R. Creamer, George T. Brubaker, and Hartman, Underhill & Brukaker, for Home Builders Association of Lancaster County, intervenor.

Eugene E. Dice, for defendant.

WATERS, Chairman, April 10, 1978.

On November 23, 1977, the Department of Environmental Resources (DER) issued an order which prohibited appellant, City of Lancaster, hereinafter "City," from allowing further connections to the municipal sewage treatment plant, which the DER had determined to be hydraulically overloaded. Appellant moved for summary judgment on two grounds: first, that under the doctrine of...

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