Commonwealth, Department of Transportation v. DiMascio

Opinion by

Judge Blatt,

The Commonwealth of Pennsylvania, Department of Transportation (DOT) has filed a petition for review addressed to our Court’s original jurisdiction to which the respondents, the Township of Willistown (Township) and its Building and Zoning Officer John J. DiMascio, have filed an answer and counterclaim. Asserting that the facts are essentially undisputed, the respondents have also filed a Motion for Judgment on the Pleadings,1 contending that they are entitled to prevail as a matter of law. DOT agrees that there is no material issue of fact, and likewise argues, of…