BENDAS v. TOWNSHIP OF WHITE DEER


531 Pa. 180 (1992)

611 A.2d 1184

Robert A. BENDAS and Marian T. Bendas, h/w, v. TOWNSHIP OF WHITE DEER, Commonwealth of Pennsylvania, Department of Transportation. Merrill C. PERRY and Marilyn B. Perry, h/w, v. Robert A. BENDAS and Township of White Deer, and Commonwealth of Pennsylvania, Department of Transportation. Appeal of COMMONWEALTH DEPARTMENT OF TRANSPORTATION (Two Cases).

Supreme Court of Pennsylvania.

Decided June 17, 1992.


Attorney(s) appearing for the Case

Thomas M. Delvin, Sr. Deputy Atty. Gen., Charisse Lillie, Norma S. Weaver, Miriam B. Brenaman, Alan C. Ostrow, for amicus — City of Philadelphia.

Charles H. Saylor, for Twnp. of White Deer.

Brad M. Jackson, for Robert A. Bendas, et ux.

Thomas E. Boop, for Merrill C. Perry, et ux.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION

McDERMOTT, Justice.

This appeal comes to us by allowance from an order of the Commonwealth Court affirming an order of the Court of Common Pleas of Union County. 131 Pa.Cmwlth. 488, 570 A.2d 1360. The trial court had denied summary judgment to the Commonwealth, Department of Transportation, appellant herein. The germane facts1 of this case are...

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