Great Hill Fill & Gravel, Inc. appeals from a judgment entered in the Superior Court (York County, Lipez, J.) affirming a decision of the Board of Environmental Protection approving a consent agreement between the Department of'Environmental Protection and Merritt J. Shapleigh, who, without the requisite permit, had operated a sand and gravel pit on land that adjoined land owned by Great Hill. The agreement provided for a fine but did not impose any reclamation responsibilities on Shapleigh. Because Great Hill lacked standing to challenge the agreement, we vacate the judgment and remand with direction to dismiss the appeal.
To have standing to challenge a final agency. action, a litigant must demonstrate a particularized injury as a result of the action.
Anderson v. Swanson,
The entry is:
Judgment vacated.
Remanded to the Superior Court with direction to dismiss the appeal for lack of standing.
