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SOLEBURY TP. v. DEPT. OF ENV. PROTECTION

863 A.2d 607 (2004)

SOLEBURY TOWNSHIP, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and Department of Transportation, Respondents. Buckingham Township, Petitioner v. Department of Environmental Protection and Department of Transportation, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Paul A. Logan, King of Prussia, for petitioner, Solebury Township.

Robert J. Sugarman, Philadelphia, for petitioner, Buckingham Township.

Neal T. Brofee, Harrisburg, for respondent, Dept. of Transportation.

Anderson L. Hartzell, Norristown, for respondent, Dept. of Environmental Protection.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, and FLAHERTY, Senior Judge.

OPINION BY PRESIDENT Judge COLINS.

Solebury Township (Solebury) and Buckingham Township (Buckingham) petition for review of the Environmental Hearing Board's (EHB) order that dismissed Solebury and Buckingham's appeals of separate requests for attorneys' fees and costs. These cases have been consolidated on appeal because of common questions of fact and law. Additionally, Buckingham has raised a separate issue, not directly addressed by the EHB below, asking leave...

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