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EMPIRE SANITARY LANDFILL v. COM., DER

165 Pa.Commw. 442 (1994)

645 A.2d 413

EMPIRE SANITARY LANDFILL, INC. and Danella Environmental Technologies, Inc., Petitioners, v. COMMONWEALTH of PENNSYLVANIA, DEPARTMENT of ENVIRONMENTAL RESOURCES, Lehigh County, The Lehigh County Department of Planning and Development, Office of Solid Waste Management et al., Respondents.

Commonwealth Court of Pennsylvania.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Charles Bowser, for petitioners.

Alexander E. Stein, for respondents.

Before CRAIG, President Judge, and NEWMAN, J., and LORD, Senior Judge.

CRAIG, President Judge.

The petitioners, Empire Sanitary Landfill and Danella Environmental Technologies (Empire), have filed a motion for summary judgment, and the respondent Department of Environmental Resources (DER) has filed a cross-motion for summary judgment, in which the other respondents, Lehigh County and its Office of Solid Waste Management, have joined.

As in any motion for summary judgment...

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