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CITY OF ERIE v. DEPT. OF ENV. PROTECTION

844 A.2d 586 (2004)

CITY OF ERIE (Council), Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. City of Erie (Council), Petitioner v. Department of Environmental Protection, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Wendy A. Mullen, Meadville, for petitioner.

Jennifer E. Gornall-Rouch, Erie, for intervenor, Erie City Water Authority.

Kenneth A. Zak, Erie, for intervenor, Mayor and Solicitor.

BEFORE: PELLEGRINI, Judge, LEAVITT, Judge, JIULIANTE, Senior Judge.

OPINION BY Judge PELLEGRINI.

The City Council for the City of Erie (City Council), purportedly acting on behalf of the City of Erie, petitions for review of two decisions of the Environmental Hearing Board (Board) finding that City Council lacked standing to represent the City of Erie in an appeal brought without the approval and authorization of the Mayor of the City of Erie and granting the City of Erie's Solicitor's (City Solicitor) motion to withdraw appeal.<...

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