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NORTH LEBANON TP. v. PUBLIC UTILITY COM'N

No. 2141 C.D. 2007, No. 2232 C.D. 2007.

962 A.2d 1237 (2009)

NORTH LEBANON TOWNSHIP, City of Lebanon, and Lebanon County, Petitioners v. PUBLIC UTILITY COMMISSION, Respondent. Norfolk Southern Railway Company, Petitioner v. Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 9, 2008.

Publication Ordered January 8, 2009.

Attorney(s) appearing for the Case

Benjamin C. Dunlap, Jr., Harrisburg, for designated petitioner, Norfolk Southern Railway Company.

John E. Herzog, Asst. Counsel, Harrisburg, for respondent, Public Utility Commission.

Frederick S. Wolf, Lebanon, for respondent, North Lebanon Township.

Robert L. Ebby, Philadelphia, for intervenors, Aldi Inc. and AutoZone, Inc.

BEFORE: SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Before this Court are cross-appeals filed by Norfolk Southern Railway Company (Norfolk Southern)1 and North Lebanon Township, the City of Lebanon and Lebanon County (collectively, Municipalities) from an order of the Pennsylvania Public Utility Commission (Commission) adopting the recommendation of the Administrative Law Judge (ALJ) that the 11th Avenue rail crossing should not be abolished and ordering the...

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