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DELAWARE CO. S.W.A. v. T. OF EARL, BUCKS CO.

No. 1049 C.D. 1987.

112 Pa.Commw. 76 (1987)

535 A.2d 225

Delaware County Solid Waste Authority, Appellant v. Township of Earl, Berks County, Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

December 18, 1987.

Attorney(s) appearing for the Case

Hershel J. Richman, with him, Thomas J. Stukane, David J. Brooman, Cohen, Shapiro, Polisher, Shiekman and Cohen, Of Counsel: Michael F. X. Gillin, for appellant.

Richard L. Orwig, O'Pake, Malsnee & Orwig, for appellee.

Argued September 14, 1987, before Judges CRAIG, and Senior Judges BARBIERI and KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 18, 1987:

The Delaware County Solid Waste Authority appeals a decision of the Court of Common Pleas of Berks County granting the petition of Earl Township for declaratory relief and enjoining the authority in regard to its application before the Department of Environmental Resources (DER) to expand an existing landfill.

The authority raises two issues on appeal. First, procedurally, did the trial court exceed its powers by...

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