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FAXON CO. ET AL. v. PA. P.U.C. ET AL.

No. 1048 C.D. 1979.

54 Pa.Commw. 36 (1980)

Faxon Company and The Faxon Lumber Company, Petitioners v. Pennsylvania Public Utility Commission et al., Respondents.

Commonwealth Court of Pennsylvania.

September 23, 1980.

Attorney(s) appearing for the Case

John C. Youngman, Jr., Candor, Youngman, Gibson & Gault, for petitioners.

Richard S. Herskovitz, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent, Pennsylvania Public Utility Commission.

Louis G. Cocheres, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent, Pennsylvania Department of Transportation.

Argued June 5, 1980, before Judges WILKINSON, JR., BLATT and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE BLATT, September 23, 1980:

The Faxon Company and the Faxon Lumber Company (Faxon) appeal here from an order of the Pennsylvania Public Utility Commission (Commission) which permitted the Pennsylvania Department of Transportation (DOT) to modify several railroad crossings in the Williamsport area.

The controversy arises out of DOT's plan to complete the construction of State Highway Route 1073, a limited access highway familiarly known as the...

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