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POPPLE v. COM., DEPT. OF TRANSP.

133 Pa.Commw. 375 (1990)

575 A.2d 973

Gene POPPLE t/a Popple Brothers, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 5, 1990.

Attorney(s) appearing for the Case

William A. Degillio, with him, John R. Sobota, Wilkes-Barre, for petitioner.

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

Trent Hargrove, with him, Jeffrey B. Clay, McNees, Wallace & Nurick, Harrisburg, for intervenors, Skyliner Enterprises, Inc. and Mary O. Occhipinti.

Before CRAIG and PELLEGRINI, JJ., and BARBIERI, Senior Judge.

CRAIG, Judge.

Gene Popple, trading as Popple Brothers (permittee), seeks review of a determination of the Pennsylvania Department of Transportation (DOT) which approved the permittee's application for a highway occupancy (driveway entry) permit, but upon the condition that the permittee pay for a traffic signal at the intersection of Route 315 and an access driveway for a diner/motel operated by Mary Occhipinti...

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