Opinion
No. 716 MAL 2011
04-25-2012
HIGHWAY MATERIALS, INC. v. WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND THE BOARD OF SUPERVISORS OF WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND WILLIAM P. RIMMEL, III, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND ANNE YOUNGLOVE INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND WILLIAM E. KRAMER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND ELIZABETH GORDON GRAF, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND DONALD DEROSE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND PETER B. CORNOG, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND MICHAEL A. ZEOCK, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, AND JOHNATHAN D. WEISS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND JOSEPH P. CORCORAN, III, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND STEVEN S. BROWN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND JEAN MCLENIGAN, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND KELLY C. WALL, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND LESLIE S. RICHARDS, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND SARA J. ERLBAUM, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, DAVID E. BROOKE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND ROBERT R. HART, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERVISOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND KENNETH PARSONS, KENNETH PARSONS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND CHARLES HOUGH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND CHARLES HOUGH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, JAMES BEHR, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND JAMES CORR, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND HELEN B. DESHER, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND ANNE GARDNER, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND WILLIAM O'DONNELL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND LAWRENCE J. GREGAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND THOMAS F. ZARKO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, ROSS WEISS, ESQUIRE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PLANNING COMMISSION, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND MARC B. KAPLIN, ESQUIRE, AND NEIL ANDREW STEIN, ESQUIRE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SOLICITOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND KAPLIN, STEWART, MELOFF, REITER & STEIN, P.C., AND CHRISTOPHER VAN DE VELDE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS MANAGER, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND SEAN KILKENNY, ESQUIRE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SOLICITOR, WHITEMARSH TOWNSHIP, MONTGOMERY COUNTY, PA, AND DONALD COHAN PETITION OF: DONALD COHAN, MARC B. KAPLIN, ESQUIRE, NEIL ANDREW STEIN, ESQUIRE AND KAPLIN STEWART MELOFF REITER & STEIN, PC.
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
PER CURIAM
AND NOW, this 25th day of April, 2012, the Petition for Allowance of Appeal and the Motion for Leave to Submit Reply to Respondent's Answer are DENIED.