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COM., DER v. WASHINGTON COUNTY

157 Pa.Commw. 1 (1993)

629 A.2d 172

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. WASHINGTON COUNTY, Respondent. WASHINGTON COUNTY, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 26, 1993.

Publication Ordered July 28, 1993.

Petition for Allowance of Appeal Granted September 17, 1993.

Attorney(s) appearing for the Case

Gail B. Phelps, Asst. Counsel and Keith Weiks, for petitioner/respondent, Dept. of Environmental Resources.

Katherine B. Emery, Asst. County Sol., for respondent/petitioner, Washington County.

Before PALLADINO and S. FRIEDMAN, JJ., and SILVESTRI, Senior Judge.

FRIEDMAN, Judge.

The Department of Environmental Resources (DER) appeals from an order of the Environmental Hearing Board (the Board) which granted partial summary judgment to Washington County (the County). The Board found that DER had exceeded its authority in attaching certain conditions to its approval of Washington County's municipal waste management plan and struck those conditions from the plan. The Board also granted partial summary judgment to DER, finding...

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