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SANITARY AUTHORITY v. COM., DER

130 Pa.Commw. 106 (1989)

567 A.2d 342

UPPER ALLEGHENY JOINT SANITARY AUTHORITY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 8, 1989.

Attorney(s) appearing for the Case

James L. Nardelli, Nardelli & Nardelli, New Kensington, for petitioner.

Donna J. Morris, Dept. of Environmental Resources, Pittsburgh, for respondent.

Before CRAIG and DOYLE, JJ., and NARICK, Senior Judge.

CRAIG, Judge.

The Upper Allegheny Joint Sanitary Authority appeals from an order of the Environmental Hearing Board granting the motion for summary judgment of the Department of Environmental Resources and dismissing the authority's appeal of the department's action returning the authority's unprocessed application for a sewage treatment plant subsidy pursuant to the Act of August 20, 1953, P.L. 1217, as amended, 35 P.S. § 701-703 (Act 339).

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