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WILLOWBROOK MINING CO. v. PennDER.

No. 2359 C.D. 1984.

92 Pa.Commw. 163 (1985)

Willowbrook Mining Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

October 7, 1985.

Attorney(s) appearing for the Case

Stephen C. Braverman, with him, Charles E. Gutshall, Dilworth, Paxson, Kalish & Kauffman, for petitioner.

Alan S. Miller, Assistant Counsel, for respondent.

Argued September 9, 1985, before Judges CRAIG and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 7, 1985:

Willowbrook Mining Company appeals a decision of the Pennsylvania Environmental Hearing Board, which granted summary judgment in favor of the Department of Environmental Resources and dismissed Willowbrook's appeal from DER's denial of a variance request. The issue for our resolution is whether the EHB properly determined that the application of the statutory prohibition against surface mining within three hundred feet of an...

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