Legal Opinion

Wheeling & Lake Erie Railway Co. v. Pennsylvania Public Utility Commission

Commonwealth Court of Pennsylvania

Decided June 11, 2001PublishedCited by 20 opinions

1Opinion of the Court

MIRARCHI, Senior Judge.

Wheeling & Lake Erie Railway Company (Wheeling Railway) appeals from an order of the Pennsylvania Public Utility Commission (PUC) directing Wheeling Railway to, inter alia, remove the existing rail-highway crossing bridge and construct a new bridge at its sole costs, as recommended by the administrative law judge (ALJ).

The issues on appeal are: (1) whether the PUC’s authority to regulate rail-highway crossings and allocate costs of constructing and maintaining such crossings pursuant to Sections 2702 and 2704 of the Public Utility Code (Code), as amended, 66 Pa.C.S. §§…

2Cases cited30 opinions

  1. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  2. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  3. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  4. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  5. Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906

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3Cited by20 opinions

  1. Manor v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2002
  2. Arippa v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2002
  3. Hiko Energy, LLC v. Pa. Pub. Util. Comm'nSupreme Court of Pennsylvania · 2019
  4. Bayada Nurses, Inc. v. Commonwealth, Department of Labor & IndustryCommonwealth Court of Pennsylvania · 2008
  5. Home of Economy v. Burlington Northern Santa Fe RailroadNorth Dakota Supreme Court · 2005

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