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MERLINO v. DELAWARE COUNTY

556 Pa. 422 (1999)

728 A.2d 949

F. Joseph MERLINO, Deborah Thomas, Justine Vigilante, Charles Brown, Lawrence Arata, III v. DELAWARE COUNTY, Thomas J. Killion, Wallace H. Nunn, Kathrynann W. Durham, John J. McFadden, Tim Murtaugh, Pennsylvania Department of Environmental Protection. Appeal of Delaware County, Thomas J. Killion, Wallace H. Nunn, Kathrynann W. Durham, John McFadden, Tim Murtaugh.

Supreme Court of Pennsylvania.

Decided May 3, 1999.

Reargument Denied July 1, 1999.

Attorney(s) appearing for the Case

Francis X. Crowley, Media, for Delaware County, et al.

W. Stanley Sneath, Conshohocken, for Dept. of Environmental Protection.

Paul Boni, Philadelphia, for Joseph Merlino, et al.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

This direct appeal presents the question of whether prevailing citizens in an action under the Storm Water Management Act, 32 P.S. §§ 680.1-680.17 (the "Act"), may recover counsel fees pursuant to Section 15(b) of the Act, which allows for an award of "the expense of such proceedings" against a violator. We hold that Section 15(b) does not support the Appellees' claim for such recovery. Accordingly, we reverse the...

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