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L. ALLEN C.A.G., INC. v. PennDER

No. 2821 C.D. 1986.

119 Pa.Commw. 236 (1988)

538 A.2d 130

Lower Allen Citizens Action Group, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

February 25, 1988.

Attorney(s) appearing for the Case

William H. Andring, for petitioner.

Amy L. Putnam, Assistant Counsel, for respondent.

Horace A. Johnson, with him, James A. Johnson, Myers, Johnson, Duffie & Weidner, for respondent/permittee, Hempt Bros., Inc.

Argued November 17, 1987, before Judges MacPHAIL and COLINS, and Senior Judge NARICK, sitting as a panel of three. Reconsideration granted. Held May 2, 1988, before Judges MacPHAIL and COLINS, and Senior Judge NARICK.

OPINION BY JUDGE COLINS, February 25, 1988:

Lower Allen Citizens Action Group, Inc. (petitioner) appeals a decision of the Pennsylvania Environmental Hearing Board (Board) which granted Hempt Bros., Inc.'s (permittee's) Motion to Dismiss for untimely filing of petitioner's notice of appeal.

The relevant facts are as follows:

On December 14, 1984, permittee filed an application for amendment of its mine drainage permit. On February 10, 1985, petitioner...

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