Department of Highways of Commonwealth v. Pennsylvania Public Utility Commission

Dissenting Opinion by

Rhodes, P. J.:

I am obliged to dissent in this case as the majority opinion would permit the diversion of the Motor License Fund without any authorization by the Legislature and contrary to Article IX, §18 of the Constitution.

I find no power or authority in the Pennsylvania Public Utility Commission to impose upon the Commonwealth of Pennsylvania a portion of the cost of relocating utility facilities which are located on a public highway at a highway-railroad crossing. Sections 409 and 411 of the Public Utility LaAV, 66 PS §§1179, 1181, contain no such authority. Such…