South Whitehall Township v. Commonwealth

Opinion by

Judge Doyle,

This matter is before us on preliminary objections raised by the Commonwealth Department of Transportation (Department) to a complaint brought in our original jurisdiction which seeks a declaratory judgment. invalidating regulations promulgated by the Department pursuant to Section 411 of the State Highway Law, Act of June 1, 1945, P.L. 1242, as amended, 36 P.S. §670-411.

The regulations challenged govern the issuance of a permit for occupancy of state highway rights-of-way by utilities and aré found at 67 Pa. Code §459.3(b) and §459.7(12). 67 Pa. Code §459.3(b)…