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COM., DEPT. OF TRANSP. v. BEAM

756 A.2d 1179 (2000)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Troy BEAM.

Commonwealth Court of Pennsylvania.

Decided June 20, 2000.

Reconsideration Denied August 25, 2000.

Attorney(s) appearing for the Case

Steven I. Roth, Harrisburg, for appellant.

Lee A. Stivale, Springfield, for appellee.

Before SMITH, Judge, PELLEGRINI, Judge, and RODGERS, Senior Judge.

PELLEGRINI, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from the order of the Court of Common Pleas of Cumberland County (trial court) granting summary judgment to Troy Beam (Beam) and dismissing its complaint to enjoin Beam from operating an unlicensed airport.

The Department filed a complaint in equity seeking to enjoin Beam because he was purportedly operating an "airport"1 without...

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