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HOME BUILDERS ASS'N OF CHESTER v. COM., DEP

828 A.2d 446 (2003)

HOME BUILDERS ASSOCIATION OF CHESTER AND DELAWARE COUNTIES, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, David E. Hess, Secretary of Environmental Protection, James Newbold, P.E., Regional Manager, Water Management and Martha E. Blasberg, Supervisory Counsel, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 9, 2003.

Attorney(s) appearing for the Case

Joel R. Burcat, Harrisburg, for petitioner.

Martha E. Blasberg, Conshohocken, for respondents.

BEFORE: PELLEGRINI, Judge, and COHN, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Before this Court are preliminary objections filed by the Commonwealth of Pennsylvania, Department of Environmental Protection; David E. Hess, Secretary of Environmental Protection; James Newbold, P.E., Regional Manager, Water Management; and Martha E. Blasberg, Supervisory Counsel (collectively, DEP) in response to a petition for review filed by the Home Builders Association of Chester and Delaware Counties (Association).

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