COM., DER v. O'HARA SANITATION


128 Pa.Commw. 47 (1989)

562 A.2d 973

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant, v. O'HARA SANITATION COMPANY, William J. O'Hara and Betty E. O'Hara, Appellees.

Commonwealth Court of Pennsylvania.

Decided August 4, 1989.


Attorney(s) appearing for the Case

Mary Young, Asst. Counsel, Philadelphia, for appellant.

Steven Speece, King of Prussia, Robert J. Kerns, Landis, Williams & Kerns, Lansdale, John M. Elliott, James D. Morris, Mark J. Schwemler, Leslie E. Bowser, Philadelphia, for appellees.

Before BARRY, McGINLEY and SMITH, JJ.


McGINLEY, Judge.

The Department of Environmental Resources (DER) appeals an order of the Court of Common Pleas of Montgomery County (Chancellor) refusing DER's request to enjoin the recycling activities of the O'Hara Sanitation Company, Inc. (OSC). We affirm.

On August 12, 1985, DER filed a complaint in equity and a petition for preliminary and special injunctive relief against OSC and William J. and...

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