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COM., DEPARTMENT OF ENVIRONMENTAL PROTECTION v. SCHNEIDERWIND

867 A.2d 724 (2005)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner, v. Walter SCHNEIDERWIND, Respondent. Delaware Valley Concrete Co., Inc., Petitioner, v. Department of Environmental Protection, and Walter Schneiderwind, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 2, 2005.

Attorney(s) appearing for the Case

Thomas M. Crowley, Harrisburg, for petitioner, Comm. of PA, DEP.

John P. Krill, Harrisburg, for petitioner, Delaware Valley Concrete, Co.

Robert J. Sugarman, Philadelphia, for respondent, Walter Schneiderwind.

BEFORE: McGINLEY, J., SMITH-RIBNER, J., LEADBETTER, J., COHN JUBELIRER, J., and SIMPSON, J.

OPINION BY Judge LEADBETTER.

In petitions for review of the Environmental Hearing Board's (Board) order, the Department of Environmental Protection (Department) and Delaware Valley Concrete Company challenge the Board's jurisdiction over an appeal from a letter issued by the Department refusing to prosecute a claim. Here, Walter Schneiderwind had filed a complaint with the Department claiming that Delaware Valley Concrete had diminished the water supply to his farm...

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