Martin v. Commonwealth, Department of Environmental Resources

Opinion by

Judge Smith;

Petitioner James E.' Martin (Martin) appeals from the April 28, 1987 decision and order of the Environmental Hearing Board (Board) granting the Department of Environmental Resources’ (DER) motion to dismiss Martin’s appeal.of a September 10, 1986 compliance order issued by DER. The decision of the Board is affirmed.. Questions presented for review are whether the Board improperly denied Martin’s due, process rights in dismissing his appeal without a .hearing on the merits and whether the Board abused its discretion in refusing to consider Martin’s defenses to the…