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HARGER et al. v. DEPT. OF ENV. RESOURCES

Appeal, No. 132 C.D. 1973.

9 Pa.Commw. 482 (1973)

William L. Harger and Helen Harger, James N. Harger and Sunbeam Coal Corporation, Appellants, v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee.

Commonwealth Court of Pennsylvania.

July 24, 1973.

Attorney(s) appearing for the Case

Leo M. Stepanian, with him Brydon & Stepanian, for appellants.

John W. Carroll, with him Frank R. Clokey, Special Assistant Attorney General, for appellee.

Argued June 6, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, July 24, 1973:

Appellant, Sunbeam Coal Corporation, is the lessee of a tract of land owned by appellants, William and Helen Harger, in Butler County. Appellants were granted a strip mine and mine drainage permit by the Department of Environmental Resources which prohibited the appellants from conducting surface mining operations within 300 feet of any occupied dwelling. This restriction...

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