White v. Pennsylvania Department of Transportation

Argued: July 21, 1999 OPINION BY PRESIDENT JUDGE COLINS Before the Court are preliminary objections filed by the Department of Transportation (PennDOT), a motion for summary relief filed by Lamar and Lois White, and PennDOT's motion to strike certain exhibits attached to the Whites' brief in support of their motion for summary relief. This action arises out of PennDOT's plan to construct a new interchange on Interstate Rte. 81 near Chambersburg, Franklin County. The Whites own farmland that will be affected by the proposed construction. In June 1994, the Whites received a notice that in planning for highway improvements, PennDOT might need to enter onto their property to conduct surveys and tests; the notice stated that PennDOT would notify them personally, if possible, before any entry. The Whites allege that they received no subsequent notice of entry. Sometime after receiving the notification of possible entry, the Whites refused entry to PennDOT employees, and PennDOT has made no further attempt to access the Whites' property.