City of Pittsburgh v. Commonwealth

Opinion by

Judge Craig,

In August of 1972, the Pennsylvania Public Utility Commission (Commission) ordered the City of Pittsburgh (City), at its initial expense, to begin demolition and reconstruction of the bridge carrying State Highway Route 228 over and above the grade of a track of the Baltimore & Ohio Railroad Company in the City of Pittsburgh, Allegheny County. By subseqent order dated January 15, 1974, the Commission required the Commonwealth of Pennsylvania Department of Transportation (PennDOT) to reimburse the City in a sum equal to 50% of the actual cost of materials and work, “when…