TP. OF DERRY v. L & I


940 A.2d 1265 (2008)

TOWNSHIP OF DERRY, Petitioner v. PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY, The Milton S. Hershey Medical Center, and Pennsylvania State University, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 23, 2008.


Attorney(s) appearing for the Case

Kimberly M. Colonna, Harrisburg, for petitioner.

Kelly K. Smith, Asst. Counsel, Harrisburg, for respondent, Pennsylvania Department of Labor & Industry.

James M. Horne, State College, for respondent, The Milton S. Hershey Medical Center and Pennsylvania State University.

BEFORE: McGINLEY, Judge, PELLEGRINI, Judge, and KELLEY, Senior Judge.


OPINION BY Judge McGINLEY.

Presently before this Court is the Pennsylvania Department of Labor and Industry's (L & I), The Milton S. Hershey Medical Center's (Medical Center), and Pennsylvania State University's (PSU) (collectively, the Respondents) preliminary objection in the nature of a demurrer to the Township of Derry's (Derry) Petition for Review brought in this Court's original jurisdiction.1

This dispute arose as a...

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