EMPIRE SANITARY LANDFILL v. COM.


546 Pa. 315 (1996)

684 A.2d 1047

EMPIRE SANITARY LANDFILL, INC. and Danella Environmental Technologies, Inc., Appellants at 70, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES and Lehigh County, et al. Appeal of DER at 66. Appeal of LEHIGH COUNTY, et al. at 69.

Supreme Court of Pennsylvania.

Decided November 1, 1996.


Attorney(s) appearing for the Case

John H. Herman, Lance H. Zeyher, Harrisburg, Michael D. Bedrin, Pittsburgh, for Department of Environmental Resources.

Luther E. Weaver, III, Charles W. Bowser, Philadelphia, for Empire Sanitary Landfill.

Madaline Palladino, John P. Servis, Allentown, for Lehigh County.

Before NIX, C.J., and FLAHERTY, CAPPY and CASTILLE, JJ.


OPINION OF THE COURT

FLAHERTY, Chief Justice.

Empire Sanitary Landfill, Inc. ("Empire") and Danella Environmental Technologies, Inc. ("Danella") appeal an order of Commonwealth Court partially granting a motion for summary judgment filed by the Commonwealth's Department of Environmental Resources ("DER") and Lehigh County Department of Planning and Development, Office of Solid Waste Management ("County") regarding...

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