O'HARA S. CO. ET AL. v. PennDER

No. 2711 C.D. 1988.

125 Pa.Commw. 441 (1989)

557 A.2d 453

O'Hara Sanitation Company, William J. O'Hara, Jr., Patrick O'Hara, William J. O'Hara, Sr., and Betty E. O'Hara, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

April 26, 1989.


Attorney(s) appearing for the Case

John M. Elliott, with him, James D. Morris, Mark J. Schwemler and Leslie E. Bowser; Of Counsel: Baskin, Flaherty, Elliott & Mannino, P.C., for petitioners.

Mary Young, Assistant Counsel, for respondent.

Argued March 6, 1989, before Judges CRAIG and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE COLINS, April 26, 1989:

The Commonwealth of Pennsylvania, Department of Environmental Resources (Department) has filed preliminary objections seeking dismissal of O'Hara Sanitation Company, William J. O'Hara, Jr., Patrick O'Hara, William J. O'Hara, Sr., and Betty E. O'Hara's (petitioners) petition for review in the nature of a complaint in equity. We will overrule the preliminary objections.

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