Philadelphia Electric Co. v. Commonwealth

Supreme Court of Pennsylvania

Philadelphia Electric Co. v. Commonwealth

537 A.2d 327, 517 Pa. 342, 1987 Pa. LEXIS 902

CourtSupreme Court of Pennsylvania

DecidedSeptember 30, 1987

DocketNo. 101 E.D. Appeal Dkt. 1987

StatusPublished

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This text of 537 A.2d 327 (Philadelphia Electric Co. v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Philadelphia Electric Co. v. Commonwealth, 537 A.2d 327, 517 Pa. 342, 1987 Pa. LEXIS 902 (Pa. 1987).

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ORDER

AND NOW, this 30th day of September, 1987, it being determined that this appeal has been inappropriately filed as a direct appeal to this Court under Pa.R.A.P. 1101(a)(1), the submitted papers are treated as a request for allowance of appeal pursuant to Pa.R.A.P. 1112 and allocatur is granted. The Order of the Commonwealth Court is vacated and the Applications of Philadelphia Electric Company and North Penn and North Wales Water Authorities for Special Relief are dismissed for failure to exhaust administrative remedies. The Orders of the Department of Environmental Resources entered June 26, 1987, are reinstated and the matter is remanded to the Environmental Hearing Board for expedited disposition.

HUTCHINSON, J., did not participate in the consideration or decision of this matter. LARSEN, J., files a dissenting opinion.

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ORDER

AND NOW, this 30th day of September, 1987, it being determined that this appeal has been inappropriately filed as a direct appeal to this Court under Pa.R.A.P. 1101(a)(1), the submitted papers are treated as a request for allowance of appeal pursuant to Pa.R.A.P. 1112 and allocatur is granted. The Order of the Commonwealth Court is vacated and the Applications of Philadelphia Electric Company and North Penn and North Wales Water Authorities for Special Relief are dismissed for failure to exhaust administrative remedies. The Orders of the Department of Environmental Resources entered June 26, 1987, are reinstated and the matter is remanded to the Environmental Hearing Board for expedited disposition.

HUTCHINSON, J., did not participate in the consideration or decision of this matter. LARSEN, J., files a dissenting opinion.

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537 A.2d 327, 517 Pa. 342, 1987 Pa. LEXIS 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-electric-co-v-commonwealth-pa-1987.

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