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MILLSTONE ENT., INC. ET AL. v. PennDER ET AL.

No. 73 C.D. 1986 and Appeal, No. 3080 C.D. 1985.

101 Pa.Commw. 408 (1986)

516 A.2d 814

Millstone Enterprises, Inc., and William R. Birdseye, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, and Township of South Huntingdon, Westmoreland County, Pa., Respondents. Millstone Enterprises, Inc., and William R. Birdseye, Appellants v. Township of South Huntingdon, Westmoreland County, Pa., Appellee.

Commonwealth Court of Pennsylvania.

October 22, 1986.

Attorney(s) appearing for the Case

Thomas A. Crawford, Jr., for petitioners/appellants.

John W. Pollins, III, with him, Frank P. Anto, for respondent/appellee, Township of South Huntingdon.

Dennis W. Strain, Assistant Counsel, with him, Gary A. Peters, Assistant Counsel, for respondent, Department of Environmental Resources.

Argued June 10, 1986, before Judges MacPHAIL and DOYLE, and Senior Judge ROGERS, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, October 22, 1986:

Millstone Enterprises, Inc. and William R. Birdseye (Millstone), in the case docketed at No. 3080 C.D. 1985, appeal a decision of the Westmoreland County Court of Common Pleas entered on November 12, 1985 which dismissed their exceptions and made final the February 4, 1985 order of that Court which granted an injunction requested by the Township of South Huntingdon. We will affirm that order. In the case docketed at No...

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