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WESTERN PA. CONSERVANCY v. DER ET AL.

No. 974 C.D. 1976.

28 Pa.Commw. 204 (1977)

In the Matter of: Western Pennsylvania Conservancy v. Commonwealth of Pennsylvania, Department of Environmental Resources and Laurel Mountain Development Corporation. Laurel Mountain Development Corporation, Appellant.

Commonwealth Court of Pennsylvania.

January 17, 1977.

Attorney(s) appearing for the Case

Thomas P. Donahoe, with him John L. Spiegel, and Plowman and Spiegel, for appellant.

Marvin A. Fein, for appellee, Western Pennsylvania Conservancy.

Eugene E. Dice, Assistant Attorney General, for Department of Environmental Resources.

Argued October 27, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, January 17, 1977:

This is an appeal from an adjudication and order of the Environmental Hearing Board (EHB) sustaining the appeal of the Western Pennsylvania Conservancy (Conservancy) and withdrawing the consent of the EHB to a settlement agreement entered into between the Department of Environmental Resources (DER) and the Laurel Mountain Development Corporation (Laurel Mountain).

On February 14, 1974, Laurel Mountain, as...

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