Commonwealth v. DiMascio

I dissent to the majority’s per curiam affirmance of the Commonwealth Court.

The Commonwealth of Pennsylvania, Department of Transportation (Penn DOT), appellee, was in the process of constructing a “Domar” building1 for the storage of road salt in the Township of Willistown when appellants, the Township and its building/zoning officer, served upon Penn DOT a cease and desist order intended to stop further work on the project until a building permit had been applied for and issued in accordance with local zoning ordinances. Penn DOT then filed a petition for review addressed to the original…