Legal Opinion

Nemacolin, Inc. v. Commonwealth

Commonwealth Court of Pennsylvania

Decided April 26, 1988No. Appeal, NO. 1157 C.D. 1987PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Judge Craig,

Nemacolin, Inc. (Nemacolin) appeals from an order of the Environmental Hearing Board (board) granting the request for summary judgment of the Department of Environmental Resources (DER) and denying Nemacolin s appeal from a DER order directing that a swimming pool operated by Nemacolin be closed and drained and remain so until such time as Nemacolin secured a permit from DER to operate the pool.

The issues presented are (1) whether Nemacolin is precluded from arguing in this enforcement proceeding appeal that the statutory permit requirement does not apply to this pool by…

2Cases cited8 opinions

  1. Habecker v. Nationwide InsuranceSuperior Court of Pennsylvania · 1982
  2. Commonwealth v. DERRY TP., ETC.Supreme Court of Pennsylvania · 1976
  3. Commonwealth, Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corp.Supreme Court of Pennsylvania · 1977
  4. Commonwealth v. Wheeling-Pittsburgh Steel Corp.Commonwealth Court of Pennsylvania · 1975
  5. Fedor v. Borough of DormontSupreme Court of Pennsylvania · 1979

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3Cited by7 opinions

  1. Duffey v. Dept. of Transp.Commonwealth Court of Pennsylvania · 1992
  2. Dithridge House Ass'n v. CommonwealthCommonwealth Court of Pennsylvania · 1988
  3. DITHRIDGE H. ASS'N v. PennDER.Commonwealth Court of Pennsylvania · 1988
  4. Duffey v. Dept. of Transp.Commonwealth Court of Pennsylvania · 1992
  5. In re: Petitions to Open Ballot Box ~ Appeal of: S.C. DawsonCommonwealth Court of Pennsylvania · 2023

2 more not listed; retrieve them via the Exa API.

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