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BOROUGH OF BELLEFONTE v. COM., DER

131 Pa.Commw. 312 (1990)

570 A.2d 129

BOROUGH OF BELLEFONTE and Bellefonte Borough Authority, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 12, 1990.

Petition for Allowance of Appeal Denied June 19, 1990.

Attorney(s) appearing for the Case

Charles J. Kroboth, Jr., with him, David A. Flood, Sol., Bellefonte, for petitioner, Borough of Bellefonte.

John W. Blasko, Sol., McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., State College, for petitioner, Bellefonte Borough Authority.

Kurt J. Weist, for respondent.

Before DOYLE, COLINS and PALLADINO, JJ.

PALLADINO, Judge.

The Borough of Bellefonte (Borough) and Bellefonte Borough Authority (collectively Petitioners) appeal from an order of the Environmental Hearing Board (EHB) dismissing the Petitioners' appeal nunc pro tunc of an issuance of a water allocation permit to the Borough. We affirm.

On February 4, 1988, the Borough filed an application with the Department of Environmental Resources (DER) for a water allocation permit. On September 27, 1988...

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