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ZERR v. COM., DEPT. OF ENV. RESOURCES

131 Pa.Commw. 317 (1990)

570 A.2d 132

John C. ZERR and Ruth M. Zerr, his wife, and Geigertown Water Co., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, BUREAU OF STATE PARKS, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 12, 1990.

Attorney(s) appearing for the Case

Frederick R. Mogel, with him, Robert D. Katzenmoyer, Mogel, Speidel, Bobb & Kershner, Reading, for petitioner.

Martha R. Smith, Harrisburg, for respondent.

Before DOYLE and PALLADINO, JJ., and BARBIERI, Senior Judge.

PALLADINO, Judge.

John Zerr, Ruth Zerr and Geigertown Water Company (Petitioners) appeal from an order of the Board of Property (Board) which sustained the preliminary objections of the Department of Environmental Resources (DER). We affirm.

Petitioners filed a complaint to quiet title to property that is part of the French Creek State Park in Berks County (Park). The Park, which is under DER's control, was

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