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DEPT. OF ENV. RESOURCES v. OERMANN

158 Pa.Commw. 560 (1993)

632 A.2d 603

DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. Carl E. OERMANN, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 28, 1993.

Attorney(s) appearing for the Case

Carl B. Schultz, Asst. Counsel, for petitioner.

Eugene E. Dice for respondent.

Before McGINLEY and SMITH, JJ., and SILVESTRI, Senior Judge.

SMITH, Judge.

The Department of Environmental Resources (DER) petitions for review of the December 3, 1992 order of the Environmental Hearing Board (Board) granting Carl E. Oermann's application for award of attorney's fees and costs pursuant to Section 3(a) of the Act of December 13, 1982, P.L. 1127, as amended, 71 P.S. § 2033(a), commonly known as the Costs Act. Also before this Court is Oermann's motion to dismiss DER's petition for review. The dispositive...

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