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KAISER ENERGY, INC. v. PennDER

No. 1989 C.D. 1986.

113 Pa.Commw. 6 (1988)

535 A.2d 1255

Kaiser Energy, Inc., Raymond E. Wisner and Vivian I. Wisner, his wife, and Robert H. Wisner and Sally Wisner, his wife, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

January 22, 1988.

Attorney(s) appearing for the Case

Scott O. Mears, Mears and Smith, for petitioners, Raymond E. Wisner, et ux.

Milton V. Munk, Jr., for petitioners, Robert H. Wisner, et ux.

Joseph L. Robinson, for petitioner, Kaiser Energy, Inc.

Amy L. Putnam, Assistant Counsel, for respondent.

Argued October 8, 1987, before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, January 22, 1988:

Raymond E., Vivian I., Robert H. and Sally Wisner have petitioned for our review of an adjudication of the Board of Property (Board) which resolved a title dispute between the Wisners and the Commonwealth regarding an approximately 419-acre tract of land located in Fairfield and Derry Townships, Westmoreland County. The Board concluded that the Commonwealth, acting through the Pennsylvania Department of Environmental Resources...

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