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GAME COM'N v. DEPT. OF ENV. RESOURCES

521 Pa. 121 (1989)

555 A.2d 812

COMMONWEALTH of Pennsylvania, PENNSYLVANIA GAME COMMISSION, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Ganzer Sand & Gravel, Inc. and Hammermill Paper Company.

Supreme Court of Pennsylvania.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Stuart M. Bliwas, Chief Counsel, Game Com'n, William R. Pouss, Acting Chief Counsel, Harrisburg, for appellant.

Howard J. Wein, Ward T. Kelsey, Pittsburgh, for appellee Dept. of Environmental Resources.

William J. Kelly, Robert C. LeSuer, Erie, for appellee Ganzer Sand and Gravel, Inc.

Daniel Brocki, Erie, for appellee Hammermill Paper Co.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAPOS and STOUT, JJ.

OPINION

NIX, Chief Justice.

This is an appeal by the Pennsylvania Game Commission ("Commission") from an order of the Commonwealth Court, 97 Pa.Commw. 78, 509 A.2d 877 affirming an adjudication of the Environmental Hearing Board ("Board"). We granted review to address the alternative holding of the court below regarding the Commission's standing...

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