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SO. WHITEHALL TWP. v. DEPT. OF TRANS.

No. 800 C.D. 1973.

11 Pa.Commw. 558 (1974)

South Whitehall Township, Plaintiff, v. Commonwealth of Pennsylvania, Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

January 25, 1974.

Attorney(s) appearing for the Case

Thomas F. Traud, Jr., with him Richard W. Shaffer, and Butz, Hudders & Tallman, for plaintiff.

Stuart J. Moskovitz, Assistant Attorney General, with him Edward R. Casey, Jr., Assistant Attorney General, Edward A. Hosey, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for defendant.

Argued December 5, 1973, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE MENCER, January 25, 1974:

On June 18, 1973, South Whitehall Township, a first-class township situate in Lehigh County, filed a complaint in mandamus seeking to compel the Department of Transportation of the Commonwealth of Pennsylvania (Commonwealth) to construct a local service highway to provide a westward entranceway from United States Route 309 (Route 309) to Crackersport Road. Crackersport...

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