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VACATION CHARTERS v. PA. PUBLIC UTILITY

529 Pa. 464 (1992)

605 A.2d 314

VACATION CHARTERS, LTD., Appellant, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellee.

Supreme Court of Pennsylvania.

Decided March 23, 1992.

Attorney(s) appearing for the Case

James A. Swetz, Stroudsburg, for appellant.

Terrence J. Buda, Asst. Counsel, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and CAPPY, JJ.

OPINION OF THE COURT

LARSEN, Justice.

The issue raised by this appeal is whether a private landowner who charges a fee for entrance onto its property by means of a toll road which is posted as a private access road, is a public utility under the Public Utility Code,1 and is required to file a certificate of public convenience pursuant to section 1101 of the Code, thereby submitting its operation to the regulation and jurisdiction...

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