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


713 A.2d 713 (1998)

David DOMIANO v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Now Known as Commonwealth of Pennsylvania, Department of Environmental Protection, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 8, 1998.


Attorney(s) appearing for the Case

David J. Gromelski, Wilkes-Barre, for appellant.

Robert W. Munley, III, Scranton, for appellee.

Before COLINS, President Judge, and LEADBETTER, J., and LORD, Senior Judge.


LORD, Senior Judge.

The Department of Environmental Protection (DEP) appeals an order of the Court of Common Pleas of Lackawanna County denying its preliminary objections to David Domiano's petition for appointment of board of viewers.

On July 22, 1993, DEP issued a letter to Domiano, giving official notice that DEP would enter land in which Domiano holds a leasehold interest for the purpose of accomplishing a stream channel restoration project at an abandoned...

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