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COM., DEPT. OF TRANSP. v. DIMASCIO

512 Pa. 625 (1986)

518 A.2d 258

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. John D. DiMASCIO, Building and Zoning Officer of the Township of Willistown, and Township of Willistown, Appellants.

Supreme Court of Pennsylvania.

Decided December 4, 1986.

Attorney(s) appearing for the Case

Mary Ann Rossi, Robert J. Shenkin, West Chester, for appellant.

Patricia Leisner Clements, Richard Sheenan, Audubon, for amicus — Lower Provident Township.

Jerome T. Foerster, Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

Order affirmed.

LARSEN, J., files a dissenting opinion.

LARSEN, Justice, dissenting.

I dissent to the majority's per curiam affirmance of the Commonwealth Court.

The Commonwealth of Pennsylvania, Department of Transportation (Penn DOT), appellee, was in the process of constructing a "Domar" building1 for the storage of road salt in the Township of Willistown when appellants, the...

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