608 A.2d 495
Supreme Court of Pennsylvania.Argued March 12, 1992.
Decided June 30, 1992.
Appeal No. 79 W.D. Appeal Docket 1990 from the Order of the Commonwealth Court, 127 Pa.Commwlth.Ct. 669, 560 A.2d 944 (1989), of Pennsylvania at No. 2592 C.D. 1988 dated June 22, 1989, affirming the Order of the Court of Common Pleas of Erie County, Pennsylvania, dated October 3, 1988, at Docket No. 35, Equity, Civil Division, 1987.
Wm. Patrick Delaney, James R. Fryling, Patricia K. Smith, Joanna K. Budde, Marsh, Spaeder, Baur, Spaeder Schaaf, Erie, for appellant.
Donald E. Wright, Jr., Erie, for appellee.
John L. Heaton, Chief Counsel, Gregory C. Santoro, Asst. Chief Counsel, Michael H. Kline, Asst. Counsel in Charge,
Page 272
Joanne Lichtenstein, Asst. Counsel, Dept. of Transp., Harrisburg, for amicus curiae, Dept. of Transp.
William C. Cassebaum, Alan B. McFall, Cassebaum, McFall and Molnar, P.C., Bangor, for Lehigh-Northampton Airport Authority.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT,[*] ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
PER CURIAM.
The Order and Opinion of the Commonwealth Court are affirmed.
NIX, C.J., did not participate in the consideration or decision of this case.
PAPADAKOS, J., did not participate in the consideration or decision of this case.
LARSEN, J., notes his dissent.
FLAHERTY, J., notes his dissent.