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CLEARVIEW DEV., ET AL. v. KASSAB, ET AL.

No. 889 C.D. 1975.

24 Pa.Commw. 532 (1976)

Clearview Land Development Company, Inc. and Roma Associates, Inc., Plaintiffs v. Jacob G. Kassab, Secretary of the Commonwealth of Pennsylvania, Department of Transportation, the City of Philadelphia, the Redevelopment Authority of the City of Philadelphia and the City of Philadelphia, Department of Public Property, Defendants.

Commonwealth Court of Pennsylvania.

May 19, 1976.

Attorney(s) appearing for the Case

Frank L. Tamulonis, Jr., with him Kassab, Cherry & Archbold, for plaintiffs.

Stuart M. Bliwas, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant, Secretary of Transportation.

David A. Rosenblum, Assistant City Solicitor, with him Theodore H. Lunine, Deputy in Charge of Counseling, Stephen Arinson, Chief Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for defendants, City of Philadelphia and City of Philadelphia Department of Public Property.

David S. Winston, with him Peter A. Galante, for defendant, Authority.

Argued February 4, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, May 19, 1976:

Clearview Land Development Company, Inc. and Roma Associates, Inc. (plaintiffs) filed a complaint in equity in this Court naming the Secretary of Transportation of the Commonwealth (Secretary), the Redevelopment Authority of the City of Philadelphia and the City of Philadelphia as defendants, whose alleged individual, combined and/or concerted actions threaten to substantially impair plaintiffs' ingress and egress to...

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