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CADOGAN T. BD. OF SUPV. v. PennDER

No. 374 C.D. 1988.

121 Pa.Commw. 18 (1988)

549 A.2d 1363

Cadogan Township Board of Supervisors, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

November 9, 1988.

Attorney(s) appearing for the Case

Gerald G. DeAngelis, for petitioner.

Donna J. Morris, with her, George Jugovic, for Department of Environmental Resources.

Mark D. Shepard, Buchanan Ingersoll Professional Corporation, for intervenor, Kittanning Equipment Leasing Company.

Argued October 3, 1988, before Judges BARRY and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, November 9, 1988:

Cadogan Township Board of Supervisors (Petitioner) appeals from an order of the Environmental Hearing Board (EHB) dismissing Petitioner's appeal as untimely. We affirm.

On October 13, 1987, Petitioner's appeal of Encroachment Permit No. E03-220 issued to Kittanning Equipment Leasing Company (Kittanning) was received by the EHB. Petitioner stated in the...

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