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TWP. OF UPPER MORELAND ET AL. v. PennDOT ET AL.

No. 2407 C.D. 1978.

48 Pa.Commw. 27 (1979)

Township of Upper Moreland and Brian Mook, Petitioners v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation and James B. Wilson, Secretary of the Department of Transportation, Respondents.

Commonwealth Court of Pennsylvania.

December 14, 1979.

Attorney(s) appearing for the Case

Raymond Jenkins, with him Jenkins, Tarquini & Jenkins, for petitioners.

Stuart M. Bliwas, Assistant Attorney General, for respondents.

Argued September 10, 1979, before Judges BLATT, DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 14, 1979:

The petitioners, Upper Moreland Township (Township) and Township Secretary Brian Mook (taxpayer) on his own behalf as a taxpayer, are seeking to enjoin the respondents, the Pennsylvania Department of Transportation (DOT) and its Secretary from using public funds for the construction of a left-hand standby turning lane on Easton Road in Upper Moreland Township, Montgomery...

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