Legal Opinion
FR&S, Inc. v. Commonwealth
Commonwealth Court of Pennsylvania
Decided February 22, 1988No. Appeals, 3044 C.D. 1986 and 1667 C.D. 1987PublishedCited by 11 opinions
1Opinion of the Court
Opinion by
Judge Craig,
FR&S, Inc., a landfill owner and operator, has appealed a decision of the Environmental Hearing Board issued June 16, 1987, which affirmed an April 11, 1983 order of the Pennsylvania Department of Environmental Resources (DER) requiring the closure of the FR&S landfill site and denying FR&S’ application for a permit under the Solid Waste Management Act.
The threshold question is whether the EHBs decision-making was devoid of due process allegedly by reason of (1) a commingling of prosecutorial and adjudicative roles in the person of the EHBs chairman, (2) bias evidenced…
2Cases cited21 opinions
- Horn v. Township of HilltownSupreme Court of Pennsylvania · 1975
- Gardner v. RepaskySupreme Court of Pennsylvania · 1969
- Schlesinger AppealSupreme Court of Pennsylvania · 1961
- Municial Publications, Inc. v. Court of Common PleasSupreme Court of Pennsylvania · 1985
- Foley Bros., Inc. v. CommonwealthSupreme Court of Pennsylvania · 1960
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- HYK Construction Co. v. Smithfield TownshipCommonwealth Court of Pennsylvania · 2010
- Shah v. State Board of MedicineCommonwealth Court of Pennsylvania · 1991
- Batoff v. BUREAU OF PRO. & OCC. AFFAIRSCommonwealth Court of Pennsylvania · 1993
- Singer v. Bureau of Professional & Occupational AffairsCommonwealth Court of Pennsylvania · 1993
- Georgia-Pacific Corp. v. City of Reading Commission on Human RelationsCommonwealth Court of Pennsylvania · 1991
6 more not listed; retrieve them via the Exa API.