Plumstead Township v. Department of Transportation

NARICK, Senior Judge.

Plumstead Township appeals from the order of the Pennsylvania Department of Transportation (DOT) that dismissed the Township’s exception to DOT’s final report granting Miller & Son Paving, Inc. (Miller) a highway occupancy permit. We affirm.

On April 24, 1990, DOT issued highway occupancy permit No. 06006660 (first permit) to Miller for a low-volume driveway to serve Miller’s proposed quarry, bituminous concrete plant and ready-mix concrete facility located in the Township. The proposed driveway is located on Point Pleasant Pike, west of its intersection with Pennsylvania…