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BAEHLER v. DEPT. OF ENVIRONMENTAL PROT.

863 A.2d 57 (2004)

Robert E. BAEHLER, Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 6, 2004.

Attorney(s) appearing for the Case

Charles M. Watkins, Reading, for petitioner.

Joseph S. Cigan, Wilkes-Barre, for respondent.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and MIRARCHI, JR., Senior Judge.

OPINION BY Judge SMITH-RIBNER.

Robert E. Baehler petitions for review from an order of the Environmental Hearing Board (Board) dismissing his appeal from a compliance order issued by the Department of Environmental Protection (Department) for violations of the Dam Safety and Encroachments Act (Act), Act of November 26, 1978, P.L. 1375, as amended, 32 P.S. §§ 693.1-693.27. Baehler contends that the Board erred in concluding that his takings claim was...

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