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POTRATZ v. DEPT. OF ENV. PROTECTION

897 A.2d 16 (2006)

James B. POTRATZ, Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION and Erie City Water Authority, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 19, 2006.

Attorney(s) appearing for the Case

Daniel E. Durst, Meadville, for petitioner.

Thaddeus A. Weber, Asst. Counsel, Meadville, for respondent, Department of Environmental Protection.

Timothy M. Zieziula, Erie, for respondent, Erie City Water Authority.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

James B. Potratz (Potratz) petitions for review of the order of the Environmental Hearing Board (Board) which granted the Pennsylvania Department of Environmental Protection (DEP) and Erie City Water Authority's (Authority)(Collectively, Respondents) motion for partial summary judgment on several issues raised in Potratz's amended notice of appeal.1

In April of 2002, the Authority filed two permit...

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