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FILIPELLI ET AL. v. DEPT. OF TRANS. ET AL.

No. 9 T.D. 1980.

52 Pa.Commw. 277 (1980)

Mary Filipelli et al., Plaintiffs v. Commonwealth of Pennsylvania, Department of Transportation et al., Defendants.

Commonwealth Court of Pennsylvania.

June 23, 1980.

Attorney(s) appearing for the Case

Henry G. Beamer, with him John A. Metz, Metz, Cook, Hanna & Kelly, for plaintiffs.

Paul A. Logan, Assistant Attorney General, with him John W. Carroll, Assistant Attorney General, Ward T. Williams, Chief Counsel, Edward G. Biester, Jr., Attorney General, Joseph M. Iannuzzi and John M. Means, for defendants.

Argued May 7, 1980, before Judges ROGERS, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, June 23, 1980:

Mary Filipelli and others (plaintiffs) brought an equity action in the Court of Common Pleas of Allegheny County against the Department of Transportation, the Department of Environmental Resources, the Township of Wilkins, and the Borough of Turtle Creek. The Commonwealth defendants filed preliminary objections to, among other things, the jurisdiction of the common pleas court. The court sustained this objection and therefore...

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