Legal Opinion

Tom Clark Chevrolet, Inc. v. Pennsylvania Department of Environmental Protection

Commonwealth Court of Pennsylvania

Decided February 14, 2003PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY

Senior Judge KELLEY.

Tom Clark Chevrolet, Inc. (Clark Chevrolet) appeals from the order of the Court of Common Pleas of Allegheny County (trial court) granting the Pennsylvania Department of Transportation’s (DOT) motion for summary judgment and dismissing Clark Chevrolet’s complaint. We affirm.

In 1967, DOT widened State Route 48 (SR48) 1 , in McKeesport, Allegheny County, from a two-lane to a four-lane road. As a result of the expansion, DOT modified the course of Long Run Creek 2 so that it runs on the south or east side of the roadway, and parallel to DOT’s right-of-way with…

2Cases cited20 opinions

  1. Murphy v. Duquesne University of Holy GhostSupreme Court of Pennsylvania · 2001
  2. Snyder v. HarmonSupreme Court of Pennsylvania · 1989
  3. Pennsylvania State University v. County of CentreSupreme Court of Pennsylvania · 1992
  4. Young v. Commonwealth Department of TransportationSupreme Court of Pennsylvania · 2000
  5. Strauss v. AllentownSupreme Court of Pennsylvania · 1906

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3Cited by2 opinions

  1. Czarkowski v. Jennings, Pennsylvania Court of Common Pleas, Lackawanna County2013
  2. Maiale v. Procaccino, Pennsylvania Court of Common Pleas, Philadelphia County2005

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