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YOUNG'S SALE AND SER. v. UNDERGROUND STOR.

No. 58 C.D. 2009.

978 A.2d 1051 (2009)

YOUNG'S SALE AND SERVICE, Petitioner v. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD and Underground Storage Tank Indemnification Fund, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 20, 2009.

Reargument Denied En Banc September 23, 2009.

Attorney(s) appearing for the Case

David J. Lanza, Camp Hill, for petitioner.

Carl D. Buchholz, III, Philadelphia, for respondent, Underground Storage Tank Indemnification Board.

BEFORE: SMITH-RIBNER, Judge, LEAVITT, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge LEAVITT.

Young's Sales and Service (Young's) petitions for review of an order of the Pennsylvania Underground Storage Tank Indemnification Board (Board) refusing to cover Young's costs to remedy leaking underground fuel storage tanks. In doing so, the Board adopted the recommendation of its hearing examiner that coverage be denied because fees owed by the prior owner of Young's property had not been paid, as required by the Storage Tank and Spill...

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