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HECK v. PENN LAKE PARK BOROUGH

786 A.2d 336 (2001)

Karl and Jennie HECK, Petitioners, v. PENN LAKE PARK BOROUGH, and Department of Environmental Protection, Commonwealth of Pennsylvania, and Stanley J. Lehman, individually, and Shaun Kuter, individually, Respondents.

Commonwealth Court of Pennsylvania.

Decided November 8, 2001.

Attorney(s) appearing for the Case

Myles P. McAliney, Pittston, for petitioners.

Sean L.P. Robbins, Wilkes-Barre, for respondents.

Before COLINS, J., LEADBETTER, J., MIRARCHI, Jr., Senior Judge.

COLINS, Judge.

Before this Court in its original jurisdiction are preliminary objections filed by the Pennsylvania Department of Environmental Protection (the Department) and Stanley J. Lehman (Lehman)(collectively Respondents), in response to a complaint filed on July 31, 2000, in the Luzerne County Court of Common Pleas (Common Pleas Court) by Karl and Jennie Heck (Petitioners) against Penn Lake Park Borough (the Borough), the Department, Lehman and Shaun Kuter...

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