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  5. 49 Pa.Commw. 497 (1980)
 

MIGNATTI CONS. CO., INC. v. ENVIRON. H. B. ET AL.

Nos. 2383 and 2421 C.D. 1978.

49 Pa.Commw. 497 (1980)

Mignatti Construction Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Environmental Hearing Board et al., Respondents. Township of Salford and Township of West Rockhill, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

February 28, 1980.

Attorney(s) appearing for the Case

Robert G. Bricker, of Souder, Rosenberger & Bricker, with him Francis X. Grabowski, of Jaczun & Grabowski, for protestants.

Paul W. Callahan, for applicant.

K.W. James Rochow, Assistant Attorney General, for Department.

Argued November 14, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER and ROGERS. Judges BLATT, DiSALLE, CRAIG and MacPHAIL did not participate.

OPINION BY JUDGE MENCER, February 28, 1980:

On October 18, 1976, the Department of Environmental Resources (DER) issued to Mignatti Construction Company, Inc. (Mignatti) a surface-mining permit to operate a stone quarry on a 79.4-acre site in West Rockhill Township, Bucks County. Salford and West Rockhill Townships (Townships) appealed the issuance of the permit to the Pennsylvania Environmental Hearing Board (Board). The Board set aside the permit and required Mignatti...

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