Clair D. v. Commonwealth

Opinion by Judge Colins,

Clair D. and Vicki Hardy et al. (petitioners) appeal an order of the Environmental Hearing Board (Board), which denied their application for attorneys’ fees pursuant to the Act of December 13, 1982, P.L. 1127, 71 P.S. §§2031-2055 (Costs Act or Act).

Petitioners are property owners in Hill-N-Dale Estates, a seven lot subdivision in Carroll Township (Township), York County. This subdivision had not been incorporated into the official Township Sewage Facilities Plan and, after their existing sand-lot septic system malfunctioned,1 petitioners requested that the Department…