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WESTERN PA. WATER CO. v. DER

127 Pa.Commw. 26 (1989)

560 A.2d 905

WESTERN PENNSYLVANIA WATER COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 21, 1989.

Attorney(s) appearing for the Case

Raymond H. Conaway, Zimmer, Kunz, Loughren, Hart, Lazaroff, Trenor, Banyas & Conaway, P.C., Pittsburgh, for petitioner.

Zelda Curtiss, Gail A. Myers, Asst. Counsels, Pittsburgh, for respondent.

Before CRUMLISH, Jr., President Judge, COLINS, J., and BARBIERI, Senior Judge.

COLINS, Judge.

Western Pennsylvania Water Company (WPW) petitions for review of an order of the Environmental Hearing Board (Board) dated August 25, 1988 which denied the Department of Environmental Resources' (DER) Motion for Summary Judgment and denied WPW's appeal from DER's order of September 13, 1988.

WPW is a Pennsylvania corporation which sells drinking water to customers in Washington County. In May, 1983, WPW acquired a twenty-foot wide permanent...

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