J. Berman & Sons, Inc. v. Pennsylvania Department of Transportation

Opinion by

Judge Blatt,

We are asked here to consider a motion by the plaintiff for summary judgment in a mandamus action against the Pennsylvania Department of Transportation (Penn-DOT). According to the facts as pleaded in the complaint and admitted in PennDOT’s answer, the Department of Highways1 filed an application on April 3, 1969 with the Pennsylvania Public Utility Commission (PUC) with respect to the construction of a highway crossing over rail tracks of the Reading Company in the Borough of Palmyra. The proposed crossing was to extend over and across property owned in fee by the…