Supreme Court of Pennsylvania, 1982

Borough of Jefferson v. Century III Associates

Borough of Jefferson v. Century III Associates
Supreme Court of Pennsylvania · Decided May 10, 1982 · O'Brien, Roberts, Nix, Larsen, Flaherty, McDermott, Hutchinson
444 A.2d 665; 498 Pa. 57; 1982 Pa. LEXIS 459 (Atlantic Reporter, Second Series)

Borough of Jefferson v. Century III Associates

Opinion

ORDER

PER CURIAM:

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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