Legal Opinion

Luther P. Miller, Inc. v. Underground Storage Tank Indemnification Board

Commonwealth Court of Pennsylvania

Decided February 11, 2009PublishedCited by 10 opinions

1Opinion of the Court

OPINION BY

Senior Judge KELLEY.

Luther P. Miller, Inc. (LPM) petitions for review of an order of the Underground Storage Tank Indemnification Board (Board) which adopted the recommendation of the presiding officer that the decision of the Underground Storage Tank Indemnification Fund (Fund) to deny eligibility for reimbursement from the Fund to LPM be affirmed. We affirm.

The issues in this appeal are: (1) whether LPM is an “owner, operator or certified tank installer” as set forth in Section 706 of the Storage Tank and Spill Prevention Act1 (Act) or otherwise eligible to make a claim for…

2Cases cited5 opinions

  1. Pennsylvania Retailers' Ass'n v. LazinCommonwealth Court of Pennsylvania · 1981
  2. Halko v. Foster Township School DistrictSupreme Court of Pennsylvania · 1953
  3. MH DAVIS ESTATE OIL CO. v. Underground Storage Tank Indemnification BoardCommonwealth Court of Pennsylvania · 2001
  4. Pickens v. Underground Storage Tank Indemnification BoardCommonwealth Court of Pennsylvania · 2006
  5. Southeast Delco School District v. Underground Storage Tank Indemnification BoardCommonwealth Court of Pennsylvania · 1998

3Cited by10 opinions

  1. D.M. v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2015
  2. Fields v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2014
  3. Lester v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2017
  4. Young's Sale & Service v. Underground Storage Tank Indemnification BoardCommonwealth Court of Pennsylvania · 2009
  5. Systems & Computer Technology Corp. v. CommonwealthCommonwealth Court of Pennsylvania · 2012

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