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RACHEL CARSON TRAILS v. DEPT OF CONSERV.

No. 77 M.D. 2018.

201 A.3d 273 (2018)

RACHEL CARSON TRAILS CONSERVANCY, INC., Petitioner v. The DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES OF the COMMONWEALTH of Pennsylvania, William Bohlander and Barbara Bohlander, Thomas A. Foreman, Curtis K. Marando and Theresea L. Marando, Peter McKay and Gretchen McKay, Susan McMurray Living Trust, David A. Miller, Jonathan C. Miller, Vaughn P. Miller and Kim Miller, Carol Riffer, and Ruth Trent and George E. Trent, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 31, 2018.

Attorney(s) appearing for the Case

Ryan E. Hamilton , Pittsburgh, for petitioner.

Steven T. Smith , Assistant Counsel, Harrisburg, for respondent Department of Conservation and Natural Resources.

Zachary R. Shekell , Clarion, for individual respondents.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ANNE E. COVEY, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE ELLEN CEISLER, Judge.

Before this Court are the preliminary objections filed by the Department of Conservation and Natural Resources of Pennsylvania (DCNR) and collectively by William Bohlander and Barbara Bohlander; Thomas A. Foreman; Curtis K. Marando and Theresea L. Marando; Peter McKay and Gretchen McKay; Susan McMurray Living Trust;...

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