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COUNTY OF BEAVER v. PA. PUC.

No. 992 C.D. 1976.

28 Pa.Commw. 511 (1977)

County of Beaver v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission. Penn Central Transportation Company, Intervening Appellee. County of Beaver, Appellant.

Commonwealth Court of Pennsylvania.

February 9, 1977.

Attorney(s) appearing for the Case

Robert J. Masters, for appellant.

Edward J. Morris, Counsel, with him Candace N. Kreiger, Assistant Counsel, John B. Wilson, Assistant Counsel, for appellee.

John K. Clements, for intervening appellee.

Submitted on briefs, October 27, 1976, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, February 9, 1977:

On January 27, 1969 the Pennsylvania Public Utility Commission (PUC) ordered Beaver County (County) to compensate landowners for property taken to construct a highway overpass designed to eliminate a railroad crossing in the County's Borough of Rochester. The County did not appeal this order. Following completion of the overpass, the Penn Central Transportation Company (Penn Central) requested compensation from the County...

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