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BRUHIN ET AL. v. KASSAB ET AL.

No. 329 C.D. of 1973.

12 Pa.Commw. 455 (1974)

David W. Bruhin, Harry W. Kingham and George Nagorny, Plaintiffs, v. Jacob Kassab, Secretary of Transportation of the Commonwealth of Pennsylvania, and Maurice K. Goddard, Secretary of the Department of Environmental Resources of the Commonwealth of Pennsylvania, Defendants, and Kevy Kaiserman t/a Springfield Associates, and Township of Springfield, Intervening Defendants.

Commonwealth Court of Pennsylvania.

March 25, 1974.

Attorney(s) appearing for the Case

Charles G. Nistico, with him, of counsel, Edward F. Muller, Jr., for plaintiffs.

John P. Krill, Special Assistant Attorney General, with him David A. Johnston, Jr., Assistant Attorney General, Gregory Ghen, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for defendants.

Richard M. Rosenbleeth, with him Howard Saul Marcu, and, of counsel, Blank, Rome, Klaus & Comisky, for intervening defendants.

Argued January 9, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., March 25, 1974:

This case comes within the original jurisdiction of this Court and is presently before us for the disposition of Preliminary Objections to the Complaint.

Intervening Defendants, Springfield Associates (Associates) is in the process of constructing a shopping center, known as "Springfield Mall" at the northwest corner of Baltimore Pike and Sproul Road, in Springfield Township. In the process of the development...

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