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BIRDSBORO v. DEPT. OF ENV. PROTECTION

795 A.2d 444 (2002)

BIRDSBORO AND BIRDSBORO MUNICIPAL AUTHORITY, Petitioners, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and Haines & Kibblehouse, Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided January 31, 2002.

Publication Ordered March 28, 2002.

Attorney(s) appearing for the Case

Kenneth Millman, Wyomissing and John Wilmer, Media, for petitioners.

Thomas M. Crowley, Harrisburg, for respondent, Dept. of Environmental Protection.

Terry L. Parish, Reading, for respondent, Haines & Kibblehouse.

Before: DOYLE, President Judge, LEADBETTER, Judge, and FLAHERTY, Senior Judge.

ORDER

OPINION BY Judge LEADBETTER.

AND NOW, this 28th day of March, 2002, it is ordered that the opinion filed January 31, 2002, shall be designated OPINION rather than MEMORANDUM OPINION, and that it shall be reported.

Birdsboro and Birdsboro Municipal Authority (petitioners) petition for review from an order of the Environmental Hearing Board (EHB) wherein EHB affirmed the decision of the Pennsylvania Department of Environmental Protection...

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