PEQUEA TP. v. HERR


716 A.2d 678 (1998)

PEQUEA TOWNSHIP, Petitioner, v. E. Marvin HERR; E.M. Herr Farms; Commonwealth of Pennsylvania, Department of Environmental Protection, Respondents. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner, v. E. Marvin HERR, E.M. Herr Farms, and Pequea Township, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 10, 1998.


Attorney(s) appearing for the Case

Eugene E. Dice, Harrisburg, for petitioner.

Mary Martha Truschel, Harrisburg, for respondent, DER.

John J. Gallagher, Harrisburg, for respondent, E. Marvin Herr.

Before DOYLE and KELLEY, JJ., and McCLOSKEY, Senior Judge.


KELLEY, Judge.

Pequea Township (township) and the Department of Environmental Protection (department) appeal from an order of the Environmental Hearing Board (board) issued June 16, 1997 granting the motion for summary judgment filed by E. Marvin Herr and E.M. Herr Farms (collectively Herr) and ordering the department to issue a letter to Herr approving Herr's sewage facilities planning

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