TOWNSHIP OF DERRY v. LABOR AND INDUSTRY


932 A.2d 56 (2007)

TOWNSHIP OF DERRY, Appellant, v. PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY, The Milton S. Hershey Center, and Pennsylvania State University, Appellees.

Supreme Court of Pennsylvania.

Decided September 26, 2007.


Attorney(s) appearing for the Case

James Paul DeAngelo, Esq., Kimberly Marie Colonna, Esq., Kimberly A. Selemba, Esq., McNees, Wallace & Nurick, L.L.C., Harrisburg, PA; Jon A. Yost, Esq., Yost & Davidson, Hershey, PA, for Derry Township.

Roger H. Caffier, Esq., Kelly Kathleen Smith, Esq., PA Department of Labor & Industry, Harrisburg, PA, for Department of Labor and Industry.

James Michael Horne, Esq., Dominick Joseph Muracco, III, Esq., McQuaide Blasko, Attorneys at Law, State College, PA, for Milton S. Hershey Medical Center & PA State University.

CAPPY, C.J., and CASTILLE, BAER, EAKIN, SAYLOR, FITZGERALD, JJ.


OPINION

PER CURIAM.

Appellant challenges the Commonwealth Court's decision to dismiss its petition for review as unripe.

Appellant filed its petition, styled as a declaratory relief action, in September 2006. Its primary complaint is that regulations promulgated by the Department of Labor and Industry (the "Department" or "DLI") implement an overly broad construction of the term "state-owned buildings" to include buildings located at the Milton...

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