CSX TRANSP. v. DEPT. OF TRANSP.


163 Pa.Commw. 620 (1994)

641 A.2d 705

CSX TRANSPORTATION, INC. v. APPLICATION OF the DEPARTMENT OF TRANSPORTATION OF the COMMONWEALTH OF PENNSYLVANIA For Approval of (1) the alteration of the crossings 145 863 T where State Route 2124 (formerly L R 02260 Spur 1 aka as 40th Street) et al. Appeal of COMMONWEALTH of Pennsylvania DEPARTMENT of TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided April 27, 1994.


Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Sr. Asst. Counsel, for appellant.

Michael E. Lang, for appellee.

Before CRAIG, President Judge, and KELLEY, J., and ROGERS, Senior Judge.


CRAIG, President Judge.

The Commonwealth of Pennsylvania, Department of Transportation appeals an order of the Court of Common Pleas of Allegheny County overruling the department's preliminary objections to a petition for appointment of a board of view, filed by landowner CSX Transportation, Inc. to ascertain compensation allegedly due CSX for the condemnation of CSX's property by the Public Utility Commission.

The sole question on appeal is whether the trial...

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