Hardee's Food Systems, Inc. v. Department of Transportation

OPINION OF THE COURT

KAUFFMAN, Justice.

Before us is an appeal by Hardee’s Food Systems, Inc. (“Hardee’s”) from an order of the Commonwealth Court sustaining the denial by appellee, Pennsylvania Department of Transportation (“PennDOT”), of Hardee’s application for Highway Occupancy Permits for the construction of two driveways from its property to a state highway.

Hardee’s proposed to develop a tract of land in Lower Allen Township as a fast food restaurant. The lot in question is bounded on the east and west by township roads and on the north by Old Gettysburg Road, a state highway over which…