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MILESTONE MATERIALS, INC. v. DEPT. OF CONSER. AND NATURAL RESOURCES

730 A.2d 1034 (1999)

MILESTONE MATERIALS, INC., Petitioner, v. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, COMMONWEALTH OF PENNSYLVANIA; and John C. Oliver, in his Official Capacity as Secretary of Department of Natural Resources, Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided May 13, 1999.

Reargument and Reconsideration Denied June 10, 1999.

Attorney(s) appearing for the Case

Allen Warshaw, Harrisburg, for petitioner.

Joseph C. Crawford, Philadelphia and Virginia J. Davison, Harrisburg, for respondents.

Before DOYLE, J., PELLEGRINI, J., and NARICK, Senior Judge.

PELLEGRINI, Judge.

Before this Court is a motion for summary judgment filed by the Department of Conservation and Natural Resources, the Commonwealth of Pennsylvania, and John C. Oliver, in his official capacity as Secretary of the Department of Conservation and Natural Resources, Commonwealth of Pennsylvania (collectively, the Department), requesting this Court to grant its motion and dismiss the Petition for Review filed by Milestone Materials, Inc. (Milestone)...

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