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COM. v. BEAM

788 A.2d 357 (2002)

COMMONWEALTH of Pennsylvania, Department of Transportation, Appellant, v. Troy BEAM, Appellee.

Supreme Court of Pennsylvania.

Decided January 25, 2002.

Attorney(s) appearing for the Case

Andrew S. Gordon, Robert John Shea, James M. Sheehan, Harrisburg, Steven I. Roth, Philadelphia, for Department of Transportation.

Lee A. Stivale, Springfield, for Troy Beam.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

The issue presented is whether the Department of Transportation may seek to enjoin the operation of an unlicensed airport where this is not specifically authorized by the controlling statute.

Appellee Troy Beam ("Beam") used a portion of his property in Hopewell Township, Cumberland County, to take off in, land, and house his private airplane. In 1999, the state Department of Transportation (the "Department") filed...

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