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ECKERT ET AL. v. PIEROTTI ET AL.

Nos. 455 and 456 Misc. Docket No. 4

123 Pa.Commw. 8 (1989)

553 A.2d 114

Adrian C. Eckert et al. v. Thomas Pierotti et al. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant. Adrian C. Eckert et al. v. Thomas Pierotti et al. Thomas Pierotti, Hugh A. Rich, and Neil Nearing, Individually and as Supervisors for Hamilton Township, and Hamilton Township, McKean County, Pennsylvania, Appellants.

Commonwealth Court of Pennsylvania.

January 20, 1989.

Attorney(s) appearing for the Case

Dennis Luttenauer, for appellants, Thomas Pierotti, et al.

Gary A. Peters, Assistant Counsel, for appellant, Department of Environmental Resources.

David W. Swanson, Swanson, Bevevino and Millin, P.C., for appellees.

Argued October 31, 1988, before Judges DOYLE and SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE DOYLE, January 20, 1989:

This is an appeal by permission, pursuant to Pa. R.A.P. 1311(b) and Section 702(b) of the Judicial Code, 42 Pa. C.S. §702(b), from an interlocutory order of the court of Common Pleas of McKean County which denied Defendant-Petitioner Hamilton Township's (Township) and Intervenor-Petitioner Department of Environmental Resources' (DER) motion for judgment on the pleadings. We reverse.

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