decided: October 29, 1982.
DANIEL A. MARINO, JR. AND MARILYN L. MARINO, HIS WIFE,
SENECA HOMES, INC. AND THE HEMPFIELD TOWNSHIP MUNICIPAL AUTHORITY. AND DUNCAN, LAGNESE & ASSOCIATES, INC. V. MICHAEL BOVE T/A BOVE ENGINEERING COMPANY, APPELLANT, V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES
Appeal No. 25 W.D. Appeal Docket 1982, from the December 31, 1981 Order of the Commonwealth Court at No. 845 C.D. 1980 affirming the March 18, 1980 Order of the Court of Common Pleas, Westmoreland County, Civil Division, Pennsylvania at No. 140 of 1979, Joseph A. Hudock, Judge. Appeal allowed May 3, 1982 at No. 32 W.D. Allocatur Docket 1982.
Thomas J. Godlewski, Greensburg, for appellant.
Frank J. Micale, Deputy Atty. Gen., Herbert L. Olivieri, Pittsburgh, for Dept. of Environmental Resources.
Norman J. Cowie, Pittsburgh, for Duncan, Lagnese and Associates, Inc.
H. Reginald Belden, Greensburg, for Seneca Homes, Inc.
William C. Stillwagon, Greensburg, for Daniel A. Marino, Jr. and Marilyn L. Marino, his wife.
Donald J. Snyder, Greensburg, formerly for Seneca Homes, Inc.
O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ.
Author: Per Curiam
[ 499 Pa. Page 62]
Appeal dismissed, 63 Pa. Commw. 534, 439 A.2d 1287, as having been improvidently granted.
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