BURD ET AL. v. PennDOT ET AL.

No. 1506 C.D. 1981 and 1762 C.D. 1981.

66 Pa.Commw. 129 (1982)

James M. Burd et al., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation et al., Respondents. Eugene F. Scanlon et al., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation et al., Respondents.

Commonwealth Court of Pennsylvania.

April 14, 1982.


Attorney(s) appearing for the Case

Myrna P. Field, with her Joseph W. Marshall, III, for petitioners, James M. Burd et al.

Jack R. Heneks, Jr., Assistant Legal Counsel, with him Michael T. McCarthy, Chief Counsel to the Senate Democratic Floor Leader, for petitioners, Eugene F. Scanlon et al.

Allen C. Warshaw, Deputy Attorney General, with him Mary Ellen Krober, Deputy Attorney General, John Hrubovcak, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued December 16, 1981, before President Judge CRUMLISH, JR. and Judges BLATT, WILLIAMS, JR., CRAIG and MacPHAIL.


OPINION BY JUDGE MacPHAIL, April 14, 1982:

Petitioners Burd, Scanlon and other named members of the Pennsylvania General Assembly1 have filed motions for summary judgment in two cases brought in our original jurisdiction for a declaratory judgment and injunctive relief seeking to prevent the Pennsylvania Department of Transportation (PennDOT) from implementing an automobile emission...

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