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HYDROPRESS v. TP. OF UPPER MT. BETHEL

836 A.2d 912 (2003)

HYDROPRESS ENVIRONMENTAL SERVICES, INC., Appellee v. TOWNSHIP OF UPPER MOUNT BETHEL, COUNTY OF NORTHAMPTON, Appellant.

Supreme Court of Pennsylvania.

Decided November 25, 2003.

Attorney(s) appearing for the Case

Ronald J. Karasek, for Tp. of Upper Mount Bethel, County of Northampton, Appellant.

Tracy Lynn Updike, Thomas L. Wenger, for PA State Ass'n of Tp. Sup'rs., Appellant Amicus Curiae.

Craig Prescott Wilson, Harrisburg, Catherine A. Trinkle, Pro Hac Vice, Newark, NJ, Brian S. Montag, Pro Hac Vice, Morristown, NJ, Robert T. Weston, for Hydropress Environmental Services, Inc., Appellee.

Alexandria Makosky, John William Carroll, for PA Chamber of Business & Industry, Appellee Amicus Curiae.

Paul Martin Schmidt, David J. Brooman, for PA Waste Industries Ass'n, Appellee Amicus Curiae.

Randall Gene Hurst, for PA Mun. Authorities Ass'n et al., Appellee Amicus Curiae.

Eugene E. Dice, for PA Septage Mgmt. Ass'n, Appellee Amicus Curiae.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice LAMB.

We granted discretionary review sought by the Township of Upper Mount Bethel, County of Northampton (Township) of the Order of the Commonwealth Court affirming the trial court's grant of summary judgment in favor of Hydropress Environmental Services, Inc. (Hydropress), which, on November 27, 2000, filed an action for declaratory judgment asking the Court of Common Pleas of Northampton County...

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