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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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