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BEHRLE v. DEPARTMENT ENVIRONMENTAL RESOURCES (10/04/72)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 4, 1972.

BEHRLE
v.
DEPARTMENT OF ENVIRONMENTAL RESOURCES

Appeal from the Order of the Department of Environmental Resources in case of Appeal of Edward H. Behrle, No. 71-026.

COUNSEL

Holbrook M. Bunting, Jr., with him John P. Trevaskis, Jr., and Trevaskis, Doyle, Currie, Nolan & Bunting, for appellant.

Carl L. Mease, Assistant Attorney General, with him Arthur M. Feld, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers. Judge Manderino did not participate.

Author: Per Curiam

[ 6 Pa. Commw. Page 367]

This is an appeal from an adjudication of the Department of Environmental Resources affirming its decision to deny appellant's application for a permit to

[ 6 Pa. Commw. Page 368]

    construct and operate a sewage treatment plant to serve a proposed single family dwelling. We are of the opinion that the decision must be reversed. Accordingly, we issue the following

Order

And Now, this 4th day of October, 1972, the adjudication of the Department of Environmental Resources dated July 23, 1971 is reversed; the Department of Environmental Resources is hereby directed to issue a permit allowing appellant to construct a sewage treatment plant to serve the subject premises.

Disposition

Reversed. Per Curiam without opinion.

19721004

© 1998 VersusLaw Inc.



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