Concerned Citizens v. Larson

Opinion by

Judge MacPhail,

Petitioners, The Concerned Citizens of Greater West Chester, Ann E. Whitcraft, and the Borough of West Chester, have filed a petition for review pur*243suant to the original jurisdiction of this Court under Section 761 of the Judicial Code, 42 Pa. C.S. §761, challenging the issuance of a highway occupancy permit by the Department of Transportation (Department) to one William DeAngelo, and the subsequent refusal of the Department to grant Petitioners an evidentiary hearing. The Department has filed a Motion for Summary Judgment pursuant to Pa. R.A.P. 1542 and Pa. R.C.P.…