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BERGER ET AL. v. DER.

No. 2517 C.D. 1977.

42 Pa.Commw. 206 (1979)

Warren E. Berger, Laverne Berger and Middle Paxton Concerned Citizens, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Pennsylvania Environmental Management Services, Inc., Intervenor.

Commonwealth Court of Pennsylvania.

April 24, 1979.

Attorney(s) appearing for the Case

Michael C. Fox, with him Michael Q. Davis, and Nauman, Smith, Shissler & Hall, for petitioners.

Karin W. Carter, Assistant Attorney General, for respondent.

Richard L. Berkman, for intervenor.

Argued February 5, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE MENCER, April 24, 1979:

We have for disposition the preliminary objections filed by the Department of Environmental Resources (DER) to a petition for review filed by two individual residents of Middle Paxton Township, Dauphin County, and a nonprofit corporation. The petitioners commenced this proceeding in an effort to object to the manner in which, they allege, DER is reviewing and processing the application of the Pennsylvania Environmental Management...

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