Norfolk Southern Railway Co. v. Pennsylvania Public Utility Commission

DISSENTING OPINION BY

Judge COHN JUBELIRER.

Respectfully, I dissent from the majority’s scholarly opinion because I conclude that the Public Utility Commission (PUC) does not now have jurisdiction over this crossing.

As the majority correctly notes, Norfolk filed a preliminary motion to dismiss the Township of Harmar’s complaint for lack of subject matter jurisdiction because: (1) Pennsylvania Railroad’s 1929 petition requested that the Public Service Commission (PSC) “abandon and close” the Subject Crossing as a public vehicular crossing; (2) the 1930 Order altered the Subject Crossing from a…