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CITY OF HARRISBURG v. DER

158 Pa.Commw. 46 (1993)

630 A.2d 974

CITY OF HARRISBURG, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 19, 1993.

Attorney(s) appearing for the Case

Louis B. Kupperman and J. Robert Stoltzfus, for petitioner.

Charles B. Zwalley, Alexander Henderson, III, and Nels Taber, for respondent.

Before CRAIG, President Judge, SMITH, J. (P.), and KELTON, Senior Judge.

CRAIG, President Judge.

The City of Harrisburg appeals an interlocutory order of the Pennsylvania Environmental Hearing Board denying the city's motion for partial summary judgment. The board subsequently denied reconsideration, but granted the city's alternative request to certify the appeal for this court's interlocutory review, because the board's pivotal legal conclusions involve a controlling question of law as to which there is substantial ground for difference...

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