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PECO ENERGY v. TOWNSHIP OF UPPER DUBLIN

922 A.2d 996 (2007)

PECO ENERGY COMPANY v. TOWNSHIP OF UPPER DUBLIN, Board of Commissioners of the Township of Upper Dublin and Shade Tree Commission of the Township of Upper Dublin. Appeal of Upper Dublin Township Board of Commissioners.

Commonwealth Court of Pennsylvania.

Decided May 1, 2007.

Attorney(s) appearing for the Case

Jeffrey D. Hutton and Ward L. Smith, Philadelphia, for appellee, PECO Energy Company.

Adam D. Young, Asst. Counsel, Harrisburg, for appellee, Pennsylvania Public Utility Commission.

BEFORE: LEADBETTER, President Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

In this appeal, we are asked to determine whether Upper Dublin Township (Township) has the authority to regulate the manner in which a public utility trims shade trees within the Township's public rights-of-way. The Montgomery County Common Pleas Court (trial court) granted PECO Energy Company's (PECO) motion for judgment in mandamus. It held the Township possesses no authority to regulate PECO's...

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