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B.P. OIL CORPORATION v. PENNSYLVANIA TURNPIKE COMMISSION (08/02/72)

decided: August 2, 1972.

B.P. OIL CORPORATION
v.
PENNSYLVANIA TURNPIKE COMMISSION



Original jurisdiction in case of B.P. Oil Corporation v. Pennsylvania Turnpike Commission.

COUNSEL

Peter F. Baughman, with him J. Scott Maxwell and Waters, Fleer, Cooper & Gallager, for plaintiff.

Jay R. Braderman, Assistant General Counsel, with him George H. Shaffer, Assistant Counsel, and John R. Rezzolla, Jr., General Counsel, for defendant.

Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Crumlish, Jr., in Support of Dismissal of the Preliminary Objections. Opinion by Judge Rogers in Support of Sustaining Preliminary Objections. Judge Wilkinson and Mencer join in this opinion.

Author: Per Curiam

[6 Pa. Commw. 275 Page 277]

And Now, this 2nd day of August, 1972, the Court being equally divided, the preliminary objections of the Pennsylvania Turnpike Commission are hereby dismissed.

Disposition

Preliminary objections dismissed.

Opinion by Judge Crumlish, Jr., in Support of Dismissal of the Preliminary Objections:

This action*fn1 to quiet title stems from the refusal of the Pennsylvania Turnpike Commission to permit the B.P. Oil Corporation the right of access over a strip of land separating B.P. Oil Corporation property from a state road.

The facts leading up to this controversy are as follows: Hayes Creek Country Club, by deed dated November 16, 1959, and duly recorded, conveyed to the Pennsylvania Turnpike Commission certain real estate bordering legislative route 408 (traffic route 940) in Carbon County, Kidder Township. This real estate now encompasses the Pocono Interchange of the Pennsylvania Turnpike. The Turnpike Commission used the conveyed lands for its off-ramp and merge lane going westwardly along legislative route 408. Subsequent to that acquisition by the Turnpike Commission, the Department of Highways of the Commonwealth widened legislative route 408 in the area of the Turnpike's ramp and merge lanes.

B.P. Corporation subsequently acquired title from Hayes Creek Country Club to the tract of land adjoining the Turnpike Commission's ramp for the purposes of constructing a gasoline service station thereon. In December of 1970, B.P. applied to the ...


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