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COSTANZA v. DEPT. OF ENV. RESOURCES

146 Pa.Commw. 588 (1992)

606 A.2d 645

Louis COSTANZA, individually and trading and doing business as Elephant Septic Tank Service, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 27, 1992.

Attorney(s) appearing for the Case

Allan E. MacLeod, for petitioner.

Gail A. Myers, Asst. Counsel, for respondent.

Before PALLADINO and McGINLEY, JJ., and BARRY, Senior Judge.

BARRY, Senior Judge.

Louis Costanza, t/d/b/a Elephant Septic Tank Service (Costanza), appeals from an order of the Environmental Hearing Board (the Board) which dismissed Costanza's petition for declaratory relief due to lack of jurisdiction. Costanza seeks a determination that the Board has the inherent power to grant declaratory relief and a remand to the Board. In the alternative, Costanza asks this Court to grant the declaratory relief he seeks. We are not persuaded...

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