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COM., DER v. CITY OF HARRISBURG

133 Pa.Commw. 577 (1990)

578 A.2d 563

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner v. The CITY OF HARRISBURG, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 26, 1990.

Attorney(s) appearing for the Case

M. Dukes Pepper, Jr., with him, Martin H. Sokolow, Jr. and Mary Martha Truschel, Asst. Counsel, for petitioner.

Howard J. Wein, with him, Kathleen Cummings and William A.K. Titelman, Klett, Lieber, Rooney & Schorling, Pittsburgh, for respondent.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH, JJ.

COLINS, Judge.

The Department of Environmental Resources (DER) petitions for review of an opinion and order1 of the Environmental Hearing Board (Board), dated October 6, 1988, which granted in part and denied in part the City of Harrisburg's (City) motion to limit issues in connection with an appeal presently pending before the Board.

This case has its genesis in a decision by DER, dated March 2, 1988, denying the City's request...

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