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SILVER SPRING TWP. v. D.E.R.

No. 644 C.D. 1976.

28 Pa.Commw. 302 (1977)

Silver Spring Township v. Commonwealth of Pennsylvania, Department of Environmental Resources. Silver Spring Township, Appellant. Pennsy Supply, Inc., Intervening Appellee.

Commonwealth Court of Pennsylvania.

January 21, 1977.

Attorney(s) appearing for the Case

John C. Sullivan, with him Nauman, Smith, Shissler & Hall, for appellant.

Eugene E. Dice, Assistant Attorney General, for appellee.

William D. Boswell, with him Berman, Boswell, Snyder & Tintner, for intervening appellee.

Argued December 10, 1976, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 21, 1977:

Silver Spring Township, Cumberland County, has appealed from an order of the Environmental Hearing Board (EHR) dismissing as moot the township's appeal from two separate actions taken by the Department of Environmental Resources (DER). The appellant claims that EHB's action dismissing its appeal without a hearing violates its constitutional, as well as statutory, right to a hearing. We disagree, and affirm EHB's order.

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