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MARCON, INC. ET AL. v. D.E.R. ET AL.

No. 2458 C.D. 1981.

76 Pa.Commw. 56 (1983)

Marcon, Inc. and Delaware Sewer Company, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources et al., Respondents.

Commonwealth Court of Pennsylvania.

August 1, 1983.

Attorney(s) appearing for the Case

Charles B. Zwally, with him Daniel L. Sullivan, Shearer, Mette & Woodside, for petitioners.

Terry R. Bossert, with him Peter Shelley, McNees, Wallace & Nurick, for respondents.

Argued May 12, 1983, before Judges BLATT, MacPHAIL and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BLATT, August 1, 1983:

Marcon, Inc. and Delaware Sewer Co. (petitioners) appeal here an order of the Environmental Hearing Board (Board) which set aside certain permits granted them by the Department of Environmental Resources (DER).

The petitioners are a real estate development corporation and its wholly owned subsidiary. In order to develop a tract of land in Pike County, Pennsylvania...

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