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Wings Field Preservation Associates, L.P. v. Commonwealth of Pennsylvania, Department of Transportation

Summary judgment granted in favor of plaintiff airport owner in matter concerning constitutionality of County Code section that delegated to municipality authority over airport funding; section declared "special legislation" and found to be unconstitutional because it vested in one county a power that could not be exercised by the other counties in the same class and because DOT failed to articulate any rational basis for the classification.

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Argued: March 8, 2000

Wings Field Preservation Associates, L.P., (Wings Field) has filed a motion for partial summary judgment (Wings Field Motion) in connection with the petition for review in the nature of a complaint for declaratory judgment (Petition) previously filed by Wings Field in this Court’s original jurisdiction. The Commonwealth of Pennsylvania, Department of Transportation (DOT), also has filed a motion for summary judgment (DOT’s Motion) with respect to the Wings Field Petition. Both motions are presently before this Court for disposition. *fn2 We grant summary judgment in favor of Wings Field.

The following material facts are undisputed. Wings Field is the owner of Wings Field Airport (Airport), a seventy-year-old privately owned, public use airport located in Whitpain Township (Township), Montgomery County. In June 1999, Wings Field submitted a pre-application to DOT seeking a grant to pay for a runway project at the Airport. DOT would not consider the request because Wings Field lacked the township and county approvals required by Section 2210 of the County Code. *fn3 On July 29, 1999, the Township voted not to approve the project, and, because of the Township’s action, Montgomery County decided not to consider the project. *fn4

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