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CONSOLIDATED RAIL v. CITY OF HARRISBURG

842 A.2d 369 (2004)

CONSOLIDATED RAIL CORPORATION, Appellee v. CITY OF HARRISBURG and the Harrisburg Authority, Appellants.

Supreme Court of Pennsylvania.

Decided February 18, 2004.

Attorney(s) appearing for the Case

J. Bruce Walter, Harrisburg, James Hughes Crawley, for City of Harrisburg and the Harrisburg Authority.

Benjamin Charles Dunlap, Jr., Harrisburg, for Consolidated Rail Corporation.

BEFORE: CAPPY, C.J., AND CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN AND LAMB, JJ.

OPINION

Justice SAYLOR.

The question presented is whether, and to what extent, the jurisdiction vested in the Pennsylvania Public Utility Commission to allocate relocation costs for facilities of non-transportation utilities arising from improvements to rail-highway crossings forecloses judicial enforcement of preexisting, private, cost-allocation agreements through subsequent civil proceedings.

This appeal arises from the relocation of a...

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