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CLAPSADDLE v. COM., BD. OF CLAIMS

133 Pa.Commw. 605 (1990)

577 A.2d 939

Dale H. CLAPSADDLE and Maryleona Clapsaddle, his wife, and Joseph J. Sopcak and Stephanie R. Sopcak, His wife, Petitioners v. COMMONWEALTH of Pennsylvania, BOARD OF CLAIMS, Respondent. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner v. BOARD OF CLAIMS, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 28, 1990.

Attorney(s) appearing for the Case

Reed B. Day, Peacock, Keller, Yohe, Day & Ecker, Washington, for petitioners, Dale H. Clapsaddle, et al.

Virginia J. Davison, Asst. Counsel, Office of Chief Counsel, Bureau of Hazardous Sites and Superfund Enforcement, Harrisburg, for petitioner, intervenor, Dept. of Environmental Resources.

Franklin L. Bialon, Monessen, for respondent, Bd. of Claims.

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

McGINLEY, Judge.

This is an application for summary relief by the Department of Environmental Resources (DER) from an order of the Board of Claims (Board of Claims) which denied the DER's petition to transfer a claim to the Environmental Hearing Board (EHB).1 The Board of Claims denied the petition to transfer, based on their position that the Board of Claims has exclusive jurisdiction...

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