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PLYMOUTH TOWNSHIP v. PennDOT ET AL.

No. 758 C.D. 1977.

37 Pa.Commw. 571 (1978)

Plymouth Township, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation and James B. Wilson, Secretary of the Department of Transportation, Respondents,

Commonwealth Court of Pennsylvania.

September 14, 1978.

Attorney(s) appearing for the Case

Harris F. Goldrich, with him Arthur Lefkoe, and, of counsel, Wisler, Pearlstine, Talone, Craig and Garrity, for petitioners.

John M. Hrubovcak, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondents.

Argued June 8, 1978, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, September 14, 1978:

Plymouth Township has filed in this Court a petition for review, seeking to enjoin the Pennsylvania Department of Transportation (PennDOT) and James B. Wilson, Secretary of PennDOT, from opening a section of the Mid-County Expressway (I-476) extending from the Schuylkill Expressway in West Conshohocken to Ridge Pike in Plymouth Township. PennDOT has filed preliminary objections, contending, inter alia, that the petition...

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