Legal Opinion

COM., D. OF EN. RES. v. City of Lebanon

Supreme Court of Pennsylvania

Decided October 5, 1978No. 403 and 409PublishedCited by 3 opinions

1Opinion of the Court

OPINION

POMEROY, Justice.

The City of Lebanon, Pennsylvania, which began to fluoridate its water supply in 1972, sought permission of the Department of Environmental Resources (DER), to cease such fluoridation; the request was denied. By this appeal we are asked to determine whether the DER has the legal authority to compel the City of Lebanon to continue with the fluoride treatment of its water supply and, if such authority exists, whether in this case the DER exercised that authority without abusing its discretion. We conclude that sufficient authority is vested in the DER by statute to…

2Cases cited32 opinions

  1. Schuringa v. City of ChicagoIllinois Supreme Court · 1964
  2. Kaul v. City of ChehalisWashington Supreme Court · 1954
  3. Lassiter v. United StatesSupreme Court of the United States · 1962
  4. Chapman v. City of ShreveportSupreme Court of Louisiana · 1954
  5. DeAryan v. ButlerCalifornia Court of Appeal · 1953

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3Cited by3 opinions

  1. Aitkenhead v. Borough of West ViewCommonwealth Court of Pennsylvania · 1982
  2. Illinois Pure Water Committee, Inc. v. Director of Public HealthIllinois Supreme Court · 1984
  3. COM., D. OF EN. RES. v. City of LebanonSupreme Court of Pennsylvania · 1978

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