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SOUTH UNION TP. v. COM.

839 A.2d 1179 (2003)

SOUTH UNION TOWNSHIP, North Union Township, City of Uniontown, as political subdivisions; and Robert Schiffbauer, Thomas Frankhouser, Rock Coville, Thomas Kumor, Robert Tupta, John Mateosky, James Sileo, Bob Cerjanec, and Blair R. Jones, Sr., in their individual capacities as taxpayers, Petitioners v. COMMONWEALTH of Pennsylvania, Department of Environmental Protection, and Kathleen A. McGinty, Secretary, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 24, 2003.

Attorney(s) appearing for the Case

James T. Davis, Uniontown, for petitioners.

Daniel J. Doyle, Harrisburg, for respondents.

Wilson M. Brown, III, Philadelphia, for intervenor, PA Waste Industries Assoc.

Andrew J. Giorgione, Harrisburg, for intervenor, Township of Derry.

BEFORE: COLINS, President Judge, and SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Before the Court are the preliminary objections of the Commonwealth of Pennsylvania, Department of Environmental Protection and Secretary of Environmental Protection, Kathleen A. McGinty (Commonwealth) and Intervenor, Pennsylvania Waste Industry Association (Association), to the Amended Petition for Review1 of South Union Township, North Union Township, the City of Uniontown...

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