Commonwealth v. Delaware & Hudson Railway Co.

Opinion by

Judge Wilkinson,

The facts in this case are not contested. In December 1972, appellant and the Lehigh Valley Railroad, which is not a party to this proceeding, constructed a diagonal cross-over track approximately one-quarter of a mile in length between their respective main tracks in Dupont Borough over vacant lands owned by the railroads. Neither railroad applied for a building permit and both railroads were separately charged with violating Section 9.210 of the Dupont Borough Zoning Ordinance which provides that “. . . no person shall erect, alter or convert any structure or…