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MARTIN v. PennDER

No. 1136 C.D. 1987.

120 Pa.Commw. 263 (1988)

548 A.2d 672

James E. Martin, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

October 7, 1988.

Attorney(s) appearing for the Case

Eugene E. Dice, for petitioner.

Kenneth T. Bowman, Assistant Counsel, with him, Zelda Curtiss, Assistant Counsel, for respondent.

Argued April 21, 1988, before Judges MacPHAIL and SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE SMITH, October 7, 1988:

Petitioner James E. Martin (Martin) appeals from the April 28, 1987 decision and order of the Environmental Hearing Board (Board) granting the Department of Environmental Resources' (DER) motion to dismiss Martin's appeal of a September 10, 1986 compliance order issued by DER. The decision of the Board is affirmed.

Questions presented for review are whether the Board improperly denied Martin's due process rights in...

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