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NORFOLK SOUTHERN RY. CO. v. PUC

No. 1540 C.D. 2008.

971 A.2d 545 (2009)

NORFOLK SOUTHERN RAILWAY COMPANY, Petitioner v. PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Benjamin C. Dunlap, Jr., Harrisburg, for petitioner.

Adam D. Young, Asst. Counsel, Harrisburg, for respondent.

Christina N. Hinkson, Acting Deputy City Solicitor, Harrisburg, for intervenor, City of Harrisburg.

Eric J. Jackson, Asst. Counsel, Harrisburg, for intervenor, Department of Transportation.

BEFORE: McGINLEY and LEAVITT, Judges, and McCLOSKEY, Senior Judge.

OPINION BY Judge LEAVITT.

Norfolk Southern Railway Company (Norfolk Southern) petitions for review of an adjudication of the Pennsylvania Public Utility Commission (PUC) that ordered it primarily liable for the repair and maintenance of a railroad-highway crossing in the City of Harrisburg (City). At issue is a retaining wall that runs along the highway portion of the crossing and is located both within and outside Norfolk Southern's right-of-way for the railroad...

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