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KEE v. PENNSYLVANIA TURNPIKE COM'N

722 A.2d 1123 (1998)

Robert J. KEE, Ruth E. Kee, Ruth Mixell, Keith S. Koegel, Cynthia A. Koegel, Morgan B. Price and Darcie E. Frye, Petitioners, and Township of West Pennsboro, Intervenor/Petitioner, v. PENNSYLVANIA TURNPIKE COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 31, 1998.

Reargument Denied January 29, 1999.

Attorney(s) appearing for the Case

John H. Broujos, Carlisle, for petitioners.

Gabriel L.I. Bevilacqua, Philadelphia, for respondent.

Steven J. Fishman, Carlisle, for intervenor.

Before SMITH, J., KELLEY, J., and McCLOSKEY, Senior Judge.

SMITH, Judge.

The Pennsylvania Turnpike Commission (Commission) has filed a motion for partial summary judgment in the action by Petitioners Robert J. Kee et al. in this Court's original jurisdiction seeking equitable relief against the Commission in relation to its substantial expansion of a rest stop along the Turnpike. The Commission asserts that it is entitled to judgment as a matter of law against the Petitioners and...

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