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HARDEE'S FOOD SYSTEMS v. DEPT. OF TRANSP.

495 Pa. 514 (1981)

434 A.2d 1209

HARDEE'S FOOD SYSTEMS, INC., Appellants, v. DEPARTMENT OF TRANSPORTATION OF PENNSYLVANIA, and Township of Lower Allen, Appellees.

Supreme Court of Pennsylvania.

Decided September 24, 1981.

Attorney(s) appearing for the Case

Ronald M. Katzman, Harrisburg, for appellant.

Robert E. Yetter, Harrisburg, for appellee Twp. of Lower Allen.

John M. Hrubovcak, Asst. Atty. Gen., for appellee Dept. of Transp.

Before ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

KAUFFMAN, Justice.

Before us is an appeal by Hardee's Food Systems, Inc. ("Hardee's") from an order of the Commonwealth Court sustaining the denial by appellee, Pennsylvania Department of Transportation ("PennDOT"), of Hardee's application for Highway Occupancy Permits for the construction of two driveways from its property to a state highway.

Hardee's proposed to develop a tract of land in Lower Allen Township as a fast food...

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