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SUMMER'S BEST TWO WEEKS v. DCNR OF COM.

No. 222 M.D. 2006.

954 A.2d 94 (2008)

SUMMER'S BEST TWO WEEKS, Petitioner v. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES Of the COMMONWEALTH of Pennsylvania; Michael DiBerardinis, in his official capacity as Secretary of the Department of Conservation and Natural Resources of the Commonwealth of Pennsylvania; Roger Fickes, in his official capacity as Director of the Pennsylvania Bureau of State Parks; and John Hallas, in his official capacity as Superintendent of Ohiopyle State Park, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 25, 2008.

Attorney(s) appearing for the Case

Jeff Rowes, Arlington, VA, for petitioner.

Michael L. Harvey, Sr., Deputy Attorney General, Harrisburg, for respondents.

BEFORE: McGINLEY, Judge, PELLEGRINI, Judge, and LEAVITT, Judge.

OPINION BY Judge McGINLEY.

Summer's Best Two Weeks (Camp) filed a Petition for Review in equity in this Court's original jurisdiction seeking a declaration that the decision of the Pennsylvania Department of Conservation and Natural Resources' (DCNR) to prohibit the Camp from conducting regular whitewater rafting trips on the Lower Youghiogheny River (Lower Yough) within Ohiopyle State Park (State Park) violated the substantive...

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