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FRANKLIN TWP. ET AL. v. DER ET AL.

No. 2822 C.D. 1980.

62 Pa.Commw. 205 (1981)

Franklin Township and County of Fayette, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources and Elwin Farm, Inc., Respondents.

Commonwealth Court of Pennsylvania.

October 13, 1981.

Attorney(s) appearing for the Case

Michael J. Macko, Township Solicitor, with him Philip T. Warman, County Solicitor, for petitioners.

Pamela S. Goodwin, with her Robert J. Shostak and Howard J. Wein, Shostak & Rosen, P.C., for respondent, Elwin Farms, Inc.

Argued September 18, 1981, before Judges ROGERS, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 13, 1981:

This is an appeal of an order of the Environmental Hearing Board (EHB) dismissing the appeals of Franklin Township and Fayette County from the action of the Department of Environmental Resources (DER) granting a permit to Elwin Farm, Inc. for the disposal and processing of industrial waste. The EHB dismissed the appeal on the ground that the county and township lacked...

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