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MERRITTS v. RICHARDS

No. 19-1335.

62 F.4th 764 (2023)

Stewart MERRITTS, Jr., Appellant v. Leslie RICHARDS, in both her official and individual capacity as an official of the Pennsylvania Department of Transportation; Edward Bettwy, in both his official and individual capacity as an official of the Pennsylvania Department of Transportation; Mark Chappell, in both his official and individual capacity as an official of the Pennsylvania Department of Transportation; Pennsylvania Department of Transportation; Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

(Filed: March 16, 2023).

Attorney(s) appearing for the Case

Stewart Merritts, Jr., 39947 Rivers Edge Lane, Lovettsville, VA 20180, Pro Se Appellant.

Johanna Dennehy , John L. Jacobus , Laura A. Lane-Steele [ARGUED], Alice E. Loughran , Steptoe & Johnson, 1330 Connecticut Avenue, N.W., Washington, DC 20036, Court-Appointed Amici Curiae in Support of Appellant Stewart Merritts, Jr.

Anthony T. Kovalchick , Kemal A. Mericli , Daniel B. Mullen , Office of Attorney General of Pennsylvania, 1251 Waterfront Place, Mezzanine Level, Pittsburgh, PA 15222, Caleb C. Enerson [ARGUED], Pennsylvania Department of Labor & Industry, Office of General Counsel, 651 Boas Street, 10th Floor, Harrisburg, PA 17121, Counsel for Appellees Leslie Richards, Edward Bettwy, Mark Chappell, Pennsylvania Department of Transportation, and Commonwealth of Pennsylvania.

Before: AMBRO, KRAUSE, and PHIPPS, Circuit Judges.

OPINION OF THE COURT

U.S. Route 22 spans about 650 miles, from Newark, New Jersey in the east, through Pennsylvania and West Virginia, into Ohio, with a western terminus in Cincinnati. To improve a one-mile stretch of the highway in Frankstown Township, Pennsylvania, outside of Altoona, the Pennsylvania Department...

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