Legal Opinion

Carlino v. Whitpain Investors

Commonwealth Court of Pennsylvania

Decided June 11, 1980No. Appeal, No. 41 T.D. 1979PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Judge Craig,

Peter Carlino and his wife (petitioners) instituted this action for a preliminary injunction to require (1) that the Pennsylvania Department of Transportation (PennDOT) revoke a highway occupancy permit it had issued to Whitpain Investors (developer); (2) that developer, on its forty-seven acre tract, restore a special setback and eliminate a particular access road; and that (3) Whitpain Township (township) refrain from conditioning developer’s permit to construct a multi-family complex on the tract upon provision of such an access road.1

PennDOT has filed preliminary…

2Cases cited10 opinions

  1. Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
  2. Palisades Properties, Inc. v. BrunettiSupreme Court of New Jersey · 1965
  3. VF Zahodiakin Engineering Corp. v. BD. OF ADJUSTMENT, CITY OF SUMMITSupreme Court of New Jersey · 1952
  4. Wolf v. Department of HighwaysSupreme Court of Pennsylvania · 1966
  5. Houston Petroleum Co. v. Automotive Products Credit Ass'n, Inc.Supreme Court of New Jersey · 1952

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3Cited by5 opinions

  1. Carlino v. Whitpain InvestorsSupreme Court of Pennsylvania · 1982
  2. Helicon Corp. v. Borough of BrownsvilleCommonwealth Court of Pennsylvania · 1982
  3. Ice v. Cross Roads BoroughCommonwealth Court of Pennsylvania · 1997
  4. Phoenix Resources, Inc. v. Duncan TownshipDistrict Court, M.D. Pennsylvania · 1994
  5. Carlino v. Whitpain InvestorsSupreme Court of Pennsylvania · 1982

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