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CARLINO ET UX. v. WHITPAIN INVESTORS ET AL.

No. 41 T.D. 1979.

52 Pa.Commw. 145 (1980)

Peter Carlino and Elizabeth Carlino, his wife, Plaintiffs v. Whitpain Investors, Whitpain Township, Whitpain Township Board of Supervisors and Pennsylvania Department of Transportation, Defendants.

Commonwealth Court of Pennsylvania.

June 11, 1980.

Attorney(s) appearing for the Case

Edward J. Hughes, for plaintiffs.

John M. Hrubovcak, Assistant Attorney General, with him Ward T. Williams, Chief Counsel and Edward G. Biester, Jr., Attorney General, for Commonwealth of Pennsylvania, defendants.

Marc B. Kaplin, with him Howard Gershman, for Whitpain Township and Whitpain Township Board of Supervisors, defendants.

Irving L. Mazer, for Whitpain Investors, defendant.

Argued April 7, 1980, before Judges BLATT, CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 11, 1980:

Peter Carlino and his wife (petitioners) instituted this action for a preliminary injunction to require (1) that the Pennsylvania Department of Transportation (PennDOT) revoke a highway occupancy permit it had issued to Whitpain Investors (developer); (2) that developer, on its forty-seven acre tract, restore a special setback and eliminate a particular access road; and that (3) Whitpain Township (township) refrain from conditioning...

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