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TOM CLARK CHEVROLET v. DEPT. OF ENV. PRO.

816 A.2d 1246 (2003)

TOM CLARK CHEVROLET, INC., Appellant, v. Pennsylvania DEPARTMENT OF ENVIRONMENTAL PROTECTION, Pennsylvania Department of Environmental Resources, Pennsylvania Department of Transportation, Pennsylvania Fish and Boat Commission, White Oak Borough Authority of the Commonwealth of Pennsylvania, City of McKeesport, Borough of White Oak, Municipal Authority of Westmoreland County and Roma Lawn Service and Nursery, Inc., v. Municipal Authority of McKeesport, North Huntingdon Township and North Versailles Township.

Commonwealth Court of Pennsylvania.

Decided February 14, 2003.

Attorney(s) appearing for the Case

Charles A. Frankovic, Pittsburgh, for appellant.

James G. Knorr, Harrisburg, for appellee.

BEFORE: PELLEGRINI, Judge, FRIEDMAN, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

Tom Clark Chevrolet, Inc. (Clark Chevrolet) appeals from the order of the Court of Common Pleas of Allegheny County (trial court) granting the Pennsylvania Department of Transportation's (DOT) motion for summary judgment and dismissing Clark Chevrolet's complaint. We affirm.

In 1967, DOT widened State Route 48 (SR48)1, in McKeesport, Allegheny County, from a two-lane to a four-lane road. As a result...

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