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CHAMBERS DEV. CO., INC. v. PENNDER

No. 1757 C.D. 1987.

110 Pa.Commw. 432 (1987)

532 A.2d 928

Chambers Development Company, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources: Arthur A. Davis in his capacity as Secretary of the Department of Environmental Resources and all others acting on their behalf, Respondents.

Commonwealth Court of Pennsylvania.

October 26, 1987.

Heard July 31, 1987.

Attorney(s) appearing for the Case

David G. Ries, with him, Ralph F. Scalera, Peter G. Veeder and Clifford B. Levine, Thorp, Reed & Armstrong, for petitioners.

John C. Dernbach, Assistant Counsel, with him, Kenneth Bowman, for respondent.

Before Senior Judge BUCHER. Reargued October 5, 1987, before Judges CRAIG, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE DOYLE, October 26, 1987:

Before us for disposition are the preliminary objections of the Department of Environmental Resources (DER) filed in response to a Petition for Review filed with this Court in our original jurisdiction seeking declaratory and injunctive relief. Also before us are the preliminary objections filed by the Petitioner, Chambers Development Company, Inc. (Chambers), operator of a solid waste disposal facility, to the preliminary...

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