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NARDO, ET AL. v. PennDOT

No. 2723 C.D. 1987.

123 Pa.Commw. 41 (1988)

552 A.2d 718

Frank A. Nardo and June A. Nardo, Petitioners v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

December 6, 1988.

Attorney(s) appearing for the Case

James H. Thomas, with him, Elizabeth Hambrick-Stowe, Blakinger, Byler, Thomas & Chillas, P.C., for petitioners.

Michael H. Kline, Assistant Counsel, with him, John L. Heaton, Assistant Counsel, for respondent.

Argued September 16, 1988, before Judges COLINS and SMITH, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, December 6, 1988:

Frank A. Nardo and June A. Nardo (petitioners), petition for review of a decision made by the Pennsylvania Department of Transportation (DOT), denying an as-built application of a driveway onto a state highway. We affirm.

In their desire to develop a tract of ground for commercial purposes, petitioners had previously been issued by DOT, a highway occupancy permit to construct a driveway with curbing. The plan...

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