Opinion
February 21, 2006.
Appeal No. 53 MAP 2005 from the Order of the Commonwealth Court dated 4/25/05 at No. 10 MD 2004 dismissing the Petition for Review in the nature of a Complaint for Declaratory Judgment.
ORDER
AND NOW, this 21st day of February, 2006, the order on appeal is VACATED, and the matter is REMANDED to the Commonwealth Court for consideration of this declaratory judgment action on its merits. See Arsenal Coal Co. v. DER, 477 A.2d 1333 (Pa. 1984).
Justice BALDWIN did not participate in the consideration or decision of this case.