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ALTERNATE ENERGY ST., INC. v. PennDER

No. 3083 C.D. 1985.

107 Pa.Commw. 66 (1987)

527 A.2d 1077

Alternate Energy Store, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

June 23, 1987.

Attorney(s) appearing for the Case

Marc D. Jonas, Silverman, Jonas & Lawrence, for petitioner.

John Wilmer, Assistant Counsel, for respondent.

Argued June 10, 1986, before Judges CRAIG and BARRY, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, June 23, 1987:

The Alternate Energy Store, Inc. (petitioner) petitions for review of the order of the Environmental Hearing Board (Board) which dismissed the petitioner's appeal from a letter (the letter) which the Department of Environmental Resources (DER) mailed to the petitioner's counsel on April 5, 1985.1

This controversy has its genesis in DER's May 20, 1981 grant of a noncoal surface mine operating...

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