Borough of Jefferson v. Century III Associates
This text of 444 A.2d 665 (Borough of Jefferson v. Century III Associates) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
AND NOW, this tenth day of May, 1982, the order of the Commonwealth Court, 430 A.2d 1040, dated June 18, 1981, *58 dismissing appellant’s petition for review as to the Department of Environmental Resources and the Department of Transportation (appellees) and transferring the proceedings, as to the remaining defendants, to the Court of Common Pleas of Allegheny County, is hereby vacated and the matter is remanded to the Commonwealth Court with directions to grant appellant leave to amend its petition for review to assert such specific failures on the part of appellees to perform ministerial duties, if any such failures exist, as may be cognizable under the Dam Safety and Encroachments Act, 32 P.S. §§ 693.1—693.27, as amended and the State Highway Law, 36 P.S. §§ 670-101—670-1102, as amended, and thereafter, to consider whether or not such amended petition for review sets forth a cause of action in the nature of mandamus against appellees.
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Cite This Page — Counsel Stack
444 A.2d 665, 498 Pa. 57, 1982 Pa. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borough-of-jefferson-v-century-iii-associates-pa-1982.