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PennDOT v. DiMASCIO ET AL.

No. 2485 C.D. 1984.

93 Pa.Commw. 624 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. John D. DiMascio, Building & Zoning Officer of the Township of Willistown, Chester County, Pennsylvania and the Township of Willistown, Respondents.

Commonwealth Court of Pennsylvania.

December 24, 1985.

Attorney(s) appearing for the Case

Jerome T. Foerster, Deputy Attorney General, with him, Allen C. Warshaw, Chief, Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for petitioner.

Robert J. Shenkin, with him, Mary Ann Rossi, MacElree, Harvey, Gallagher, O'Donnell & Featherman, Ltd., for respondents.

Argued September 10, 1985, before Judges ROGERS and PALLADINO, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 24, 1985:

The Commonwealth of Pennsylvania, Department of Transportation (DOT) has filed a petition for review addressed to our Court's original jurisdiction to which the respondents, the Township of Willistown (Township) and its Building and Zoning Officer John J. DiMascio, have filed an answer and counterclaim. Asserting that the facts are essentially undisputed, the respondents have also filed a Motion for Judgment on the Pleadings...

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