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BD. OF C., U. PTTSGRV. T. v. RED HILL S.&L.A.

No. 52 T.D. 1986.

104 Pa.Commw. 279 (1987)

521 A.2d 983

Board of Commissioners of Upper Pottsgrove Township, Petitioner v. Red Hill Savings and Loan Association, et al., Respondents.

Commonwealth Court of Pennsylvania.

March 3, 1987.

Attorney(s) appearing for the Case

Roger B. Wood, with him, David L. Pennington and Sherwood L. Yergey, Harvey, Pennington, Herting & Renneisen, Ltd., for petitioner.

Laura Fredricks, Deputy Attorney General, with her, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent, Department of Environmental Resources.

Argued December 8, 1986, before Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, March 3, 1987:

In the matter now before us, the Department of Environmental Resources (DER) seeks summary judgment against the Board of Commissioners of Upper Pottsgrove Township (Commissioners) with respect to the complaint filed against DER by the Commissioners. We will grant DER's motion.

Some recitation of the procedural history of the case is necessary for an understanding of the result we have reached. In 1983, the Commissioners...

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