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S. WHITEHALL TWP. ET AL. v. PennDOT.

No. 1183 C.D. 1983.

82 Pa.Commw. 217 (1984)

South Whitehall Township and South Whitehall Township Authority, Plaintiffs v. Commonwealth of Pennsylvania, Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

May 3, 1984.

Attorney(s) appearing for the Case

Maria Mullane, with her, Blake C. Marles, Butz, Hudders & Tallman, for plaintiffs.

Bruce M. Mundorf, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for defendants.

Argued February 3, 1984, before Judges MacPHAIL, DOYLE and BLATT, sitting as a panel of three.

OPINION BY JUDGE DOYLE, May 3, 1984:

This matter is before us on preliminary objections raised by the Commonwealth Department of Transportation (Department) to a complaint brought in our original jurisdiction which seeks a declaratory judgment invalidating regulations promulgated by the Department pursuant to Section 411 of the State Highway Law, Act of June 1, 1945, P.L. 1242, as amended, 36 P.S. §670-411.

The regulations challenged govern the...

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