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MARINARI v. DEPT. OF ENV. RESOURCES

129 Pa.Commw. 569 (1989)

566 A.2d 385

James MARINARI, John Marinari, Albert J. Marinari and New Hanover Corporation, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Marc D. Jonas, Silverman & Jonas, Norristown, for petitioners.

Mary Young, Asst. Counsel, Harrisburg, for respondent.

Before DOYLE and McGINLEY, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

The Department of Environmental Resources (DER) filed preliminary objections on July 6, 1989 to a petition for review in the nature of a complaint in mandamus, equity and for declaratory judgment (petition), filed by James Marinari, John Marinari, Albert J. Marinari and New Hanover Corporation (Petitioners) on June 1, 1989. We overrule the preliminary objections.

The facts as...

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