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STATE LODGE v. COM., DEPT. OF CONS.

909 A.2d 413 (2006)

PENNSYLVANIA STATE LODGE, FRATERNAL ORDER OF POLICE, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, Michael DiBerardinis, Secretary of the Department of Conservation and Natural Resources, Rita Calvan, Deputy Secretary of the Department of Conservation and Natural Resources, Roger Fickes, Director, Bureau of State Parks of the Department of Conservation and Natural Resources, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 13, 2006.

Publication Ordered October 19, 2006.

Attorney(s) appearing for the Case

Richardson Todd Eagen, Harrisburg, for petitioner.

Timothy Paul Keating, Harrisburg, for respondent.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, KELLEY, Senior Judge.

OPINION BY President Judge COLINS.

Before the Court, in our original jurisdiction,1 are the preliminary objections of Respondents, the Commonwealth of Pennsylvania, Department of Conservation and Natural Resources2 (Department) filed in response to Petitioner's, the Pennsylvania State Lodge, Fraternal Order of Police (FOP), two-count Complaint wherein the FOP seeks relief in mandamus and a declaratory judgment...

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