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HARDEE'S FOOD SYSTEMS, INC. v. PennDOT ET AL.

No. 1195 C.D. 1979.

50 Pa.Commw. 331 (1980)

Hardee's Food Systems, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation and Township of Lower Allen, Respondents.

Commonwealth Court of Pennsylvania.

April 7, 1980.

Attorney(s) appearing for the Case

Ronald M. Katzman, of Goldberg, Evans & Katzman, for petitioner.

John M. Hrubovcak, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for Department of Transportation, respondent.

Robert E. Yetter, of Metzger, Wickersham, Knauss & Erb, for Lower Allen Township, respondent.

Argued March 13, 1980, before Judges WILKINSON, JR., MENCER and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., April 7, 1980:

Hardee's Food Systems, Inc. (petitioner) seeks review of a determination of the Department of Transportation (Department) denying Highway Occupancy Permits for the construction of two driveways from their property to Old Gettysburg Road, a state highway. We affirm.

Petitioner would like to develop a certain lot of land located in Lower Allen Township (township) for purposes of a fast food restaurant outlet. The...

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