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CARLINO v. WHITPAIN INVESTORS

499 Pa. 498 (1982)

453 A.2d 1385

Peter CARLINO and Elizabeth Carlino, His Wife, Appellants, v. WHITPAIN INVESTORS, Whitpain Township, Whitpain Township Board of Supervisors and Pennsylvania Department of Transportation, Appellees.

Supreme Court of Pennsylvania.

Decided December 23, 1982.

Attorney(s) appearing for the Case

Edward J. Hughes, Norristown, for appellants.

Howard Gershman, Blue Bell, for Whitpain Tp. and Bd. of Sup'rs.

J. Peirce Anderson, Norristown, John M. Hrubovcak, Asst. Atty. Gen. for Dept. of Transp.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This equity action was commenced in the Court of Common Pleas of Montgomery County by the appellants, Peter Carlino and Elizabeth Carlino, seeking a preliminary injunction against the appellees, Whitpain Investors (hereinafter Developer), Whitpain Township (hereinafter Township), and Pennsylvania Department of Transportation (hereinafter PennDOT). Upon motion of PennDOT, the action was transferred to Commonwealth Court...

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