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D. E. R., ET AL. v. CITY OF LEBANON

No. 107 C.D. 1975.

22 Pa.Commw. 132 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources and Carroll E. Ditzler, George D. Charles, John R. Albert, Jay A. Felty, Dale M. Yocum, Samuel Hartman, II, Charletta K. Weyland, also known as Charletta K. Addison, Carl R. Sherk, William E. Checket, Bryon L. Clark and Dennis F. Turner, Intervening Appellees v. City of Lebanon, Appellant.

Commonwealth Court of Pennsylvania.

December 2, 1975.

Attorney(s) appearing for the Case

Samuel G. Weiss, Jr., for appellant.

Michael S. Alushin, Special Assistant Attorney General, for appellee.

James T. Reilly, with him Egli, Walter, Reilly and Wolfson, for intervening appellees.

Argued September 9, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, December 2, 1975:

The City of Lebanon was issued a water supply permit by the Department of Health on February 19, 1970. Section 3 of the Act of April 22, 1905, P.L. 260, 35 P.S. § 713, (commonly known as the "Water Supply Act"). Lebanon's application for the permit, as well as the permit itself, recited the City's intent to fluoridate the proposed water source. Lebanon...

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