LERRO ET UX., ET AL. v. PennDOT ET AL.

No. 1693 C.D. 1976.

32 Pa.Commw. 372 (1977)

Louis J. Lerro and Marion G. Lerro, h/w, et al., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation, Lower Merion Township of the Commonwealth of Pennsylvania and Borough of Narberth of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

November 14, 1977.


Attorney(s) appearing for the Case

Clarke F. Hess, with him Stuart N. Cohen, Michael F. Beausang, Jr., and, of counsel, Butera, Bresnan, Beausang & Moyer, for petitioners.

James J. Kutz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondent, Commonwealth.

Parker H. Wilson, with him Wilson, Oehrle & Drayer, for respondent, Lower Merion Township.

Morris H. Sheer, for respondent, Borough of Narberth.

Argued September 13, 1977, before President Judge BOWMAN and Judges MENCER and BLATT, sitting as a panel of three.


OPINION BY PRESIDENT Judge BOWMAN, November 14, 1977:

Asserting that this Court enjoys original jurisdiction under Section 401 of the Appellate Court Jurisdiction Act of 1970 (ACJA), Act of July 31, 1970, P.L. 673, as amended, 17 P.S. § 211.401, over the causes of action they plead, petitioners allege that certain highway improvements, grading and contouring undertaken by respondents, Department...

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