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COM. TO PR. M. CR. v. SEC'Y OF HEALTH

Appeal No. 258 C.D. 1970.

3 Pa.Commw. 200 (1971)

Committee To Preserve Mill Creek, O'Ryan, Moore and Krafchek v. Secretary of Health and Shires Swim Club.

Commonwealth Court of Pennsylvania.

September 10, 1971.

Attorney(s) appearing for the Case

Robert J. Sugarman, with him Bernard A. Ryan, Jr. and Dechert, Price & Rhoads, for appellants.

Carl L. Mease, Assistant Attorney General, with him Richard B. Springer, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee Secretary of Health.

John Philip Diefenderfer, with him Stuckert, Yates & Krewson, for appellee, Shires Swim Club.

Submitted on briefs, July 5, 1971, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE ROGERS, September 10, 1971:

This is an appeal from the action of the Secretary of the Department of Health refusing to entertain an appeal from the grant by the Bucks County Department of Health of a permit for the installation of an individual sewage disposal facility pursuant to the Pennsylvania Sewage Facilities Act, 1966, January 24, P.L. 1535 (1965), 35 P.S. 750.1 et seq.

The appellee, Shires Swim Club, Inc., a nonprofit corporation,...

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