ATCHISON T. & S. F. RY. CO. v. PUBLIC UTILITIES

No. 27346.

572 P.2d 138 (1977)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, and Denver and Rio Grande Western Railroad Company, Plaintiffs-Appellees, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, the Board of County Commissioners of El Paso County, Colorado and Sproul Investment Company, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 19, 1977.


Attorney(s) appearing for the Case

Grant, McHendrie, Haines & Crouse, Douglas McHendrie, Denver, for plaintiffs-appellees.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Clinton P. Swift, Asst. Atty. Gen., Denver, for defendants-appellants, The Public Utilities Commission of the State of Colorado.

Wilder & Wells, Jeffrey M. Wells, Deputy County Atty., Eugene F. Hart, Jr., Quigley & Palermo, P. C., Colorado Springs, for defendant-appellant, The Board of County Commissioners of El Paso County.


HODGES, Justice.

This is an appeal by the Public Utilities Commission (PUC) and El Paso County (the county) from a trial court judgment reversing a PUC decision granting the county's application to open a grade crossing of railroad tracks at Bradley Road. We reverse the judgment of the trial court.

In August of 1974, the PUC, upon the county's application, ordered Bradley Road grade crossing closed in order "to promote public safety." Bradley Road is a major...

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