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SPOONER ET AL. v. SEC., COM. OF PA.

No. 1589 C.D. 1987.

114 Pa.Commw. 352 (1988)

539 A.2d 1

James L. Spooner, d/b/a The Bentley Club, Ltd., and Cecilia Shuller et al., as Representatives of a Class v. Secretary of The Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

March 11, 1988.

Attorney(s) appearing for the Case

Michael A. Dillon, with him, William R. Balaban, Balaban and Balaban, for petitioners.

Mary Martha Truscel, Assistant Counsel, with her, Michael L. Harvey, Deputy Attorney General, Andrew S. Gordon, Chief Deputy Attorney General, Leroy S. Zimmerman, Attorney General, for respondents.

Submitted on briefs December 14, 1987, to Judges MacPHAIL, BARRY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, March 11, 1988:

James L. Spooner (Spooner), d/b/a The Bentley Club, Ltd., et al. (Petitioners)1 have filed a petition for review addressed to this Court's original jurisdiction seeking a declaratory judgment that the Department of Environmental Resources (DER) is without authority to enforce its regulation found at 25 Pa. Code §193.42 which requires...

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