DEL. RIV. PORT AUTH. v. THORNBURGH.

No. 2210 C.D. 1979.

56 Pa.Commw. 459 (1981)

The Delaware River Port Authority, Petitioner v. Richard L. Thornburgh, Governor of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

February 4, 1981.


Attorney(s) appearing for the Case

D. Donald Jamieson, with him Jeffrey Cooper, of counsel, Mesirov, Gelman, Jaffe, Cramer & Jamieson, for petitioner.

John M. Hrubovcak, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, Transportation, and Edward G. Biester, Jr., Attorney General, for respondent, Richard L. Thornburgh, Governor of the Commonwealth of Pennsylvania; Commonwealth of Pennsylvania, Department of Transportation; and Thomas Larson, Secretary of Transportation of the Commonwealth of Pennsylvania.

William E. Woodside, Special Counsel, for respondent, The General Assembly of the Commonwealth of Pennsylvania.

Argued October 7, 1980, before President Judge CRUMLISH and Judges MENCER, ROGERS, MacPHAIL and PALLADINO. Judges WILKINSON, JR., BLATT, CRAIG and WILLIAMS, JR. did not participate.


OPINION BY PRESIDENT JUDGE CRUMLISH, February 4, 1981:

The Delaware River Port Authority (DRPA), as owner and operator of the Betsy Ross Bridge, has requested this Court to issue a writ of mandamus1 ordering this Commonwealth and most specifically the Pennsylvania Department of Transportation (PennDOT) to construct a highway which will link the Betsy Ross Bridge with Philadelphia's Roosevelt Boulevard. The respondents have filed preliminary...

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