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DAUPHIN PLAZA ASSOCIATES v. COM., DOT

127 Pa.Commw. 132 (1989)

561 A.2d 61

DAUPHIN PLAZA ASSOCIATES, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Respondent (Two Cases).

Commonwealth Court of Pennsylvania.

Decided June 28, 1989.

Reargument Denied July 27, 1989.

Attorney(s) appearing for the Case

Jeffrey B. Clay, McNees, Wallace & Nurick, Trent Hargrove, Harrisburg, for petitioner.

Michael H. Kline, Asst. Counsel, John L. Heaton, Chief Counsel, Harrisburg, for respondent.

Before CRAIG and BARRY, JJ., and NARICK, Senior Judge.

OPINION

BARRY, Judge.

Petitioner owns property in Dauphin County which is currently being developed as a shopping center. In connection with that development petitioner filed an application for a highway occupancy permit on May 4, 1988, requesting that it be allowed to access an adjoining highway with two signalized driveways. DOT, by letter to petitioner dated May 11, 1988, stated that DOT would require additional information and that DOT would not allow...

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