FLAHERTY v. ALLEGHENY PORT AUTH. et al.


450 Pa. 509 (1973)

Flaherty v. Allegheny Port Authority et al., Appellants.

Supreme Court of Pennsylvania.

January 19, 1973.


Attorney(s) appearing for the Case

David W. Craig, with him Robert N. Hackett, and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for Allegheny Port Authority, appellant.

John J. Hickton, Deputy Solicitor, with him Francis A. Barry, County Solicitor, for Board of County Commissioners of Allegheny County, appellants.

Albert D. Brandon, with him Eugene B. Strassburger, III, Daniel M. Curtin, Assistant City Solicitor, and Ralph Lynch, Jr., City Solicitor, for appellees.

Harold R. Schmidt and Edward C. Schmidt, with them Roger Curran, and Rose, Schmidt and Dixon, for amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. CHIEF JUSTICE JONES, January 19, 1973:

Plaintiffs, individually and as mayors of thirteen metropolitan Pittsburgh municipalities,1 filed this action in equity seeking a preliminary injunction against construction of the rapid mass transit project known as the "Early Action Program" ("Early Action"). The preliminary injunction hearing commenced on January 19, 1972, before the Honorable...

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