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MILLER v. SOUTHEASTERN PENNSYLVANIA TRANSP.

No. 58 MAP 2013.

103 A.3d 1225 (2014)

Norene M. MILLER, Executrix of the Estate of David Miller, Deceased and 126 Hotel Corporation, Appellants v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellee.

Supreme Court of Pennsylvania.

Decided October 30, 2014.

Attorney(s) appearing for the Case

Donald J. Martin, Esq. , Norristown, David Rogers Jacquette, Esq. , Robert F. Morris, Esq. , Moms & Clemm, P.C., Plymouth Meeting, for Norene M. Miller, Executrix of the Estate of David Miller, Deceased & 126 Hotel Corporation.

Gaetan J. Alfano, Esq. , Daniel J. McGravey, Esq. , Pietragallo, Gordon, Alfano, Bosick & Raspanti, L.L.P., Philadelphia, George B. Ditter, Esq. , Ambler, for Southeastern Pennsylvania Transportation Authority.

Paul F.X. Gallagher, Esq. , Gallagher & Rowan, P.C., for Assoc. of American Railroads & The American Short Line & Regional Railroad Assoc., amicus curiae.

James Paul LaRusch, Esq. , American Public Transportation Association, for American Public Transportation Authority, amicus curiae.

Jill Elaine Nagy, Esq. , Reading, for PA Public Transportation Assoc. Inc., amicus curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

This case concerns the continued viability of the historic police power of this Commonwealth in validating and regulating riparian rights and remedies where it is alleged that a downstream landowner which is subject to federal rail-safety regulations obstructed a natural watercourse causing upstream...

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