City of Philadelphia v. Consolidated Rail Corp.

747 A.2d 352, 560 Pa. 587, 2000 Pa. LEXIS 418
CourtSupreme Court of Pennsylvania
DecidedFebruary 24, 2000
Docket29 M.D. 1999
StatusPublished
Cited by3 cases

This text of 747 A.2d 352 (City of Philadelphia v. Consolidated Rail Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Philadelphia v. Consolidated Rail Corp., 747 A.2d 352, 560 Pa. 587, 2000 Pa. LEXIS 418 (Pa. 2000).

Opinions

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The United States Court of Appeals for the District of Columbia Circuit, pursuant to our recently adopted procedures for certification of questions of Pennsylvania law from the federal courts, see 204 Pa.Code § 29.451, petitioned for certification of the following question: Upon completion in 1929 of the re-building of the 41st Street bridge in the City of Philadelphia, was the bridge owned by the City or the Pennsylvania Railroad Company (PRR)? We granted certification on the basis that the answer to this question would provide guidance in determining bridge ownership throughout the Commonwealth.

The appellants, Consolidated Rail Corporation (Conrail) and National Railroad Passenger Corporation (Amtrak), and the appellees, the City of Philadelphia (City) and the Pennsylvania Public Utility Commission (PUC), are engaged in a dispute over ownership of the 41st Street bridge, a highway bridge over a below-grade railroad right-of-way in the City. Underlying the dispute is the question of who must pay to maintain and repair the bridge. Conrail, Amtrak, and the City all deny ownership, seeking to avoid responsibility for such costs.

The facts material to this case are not in dispute. In 1875, a steel and timber bridge was constructed to allow 41st Street to cross above the railroad right-of-way. That bridge was replaced by the present, now-deteriorated steel and concrete structure that was built in 1929. The City acknowledges that it is the owner of similar bridges that cross the same railroad [590]*590right-of-way at 40th and 42nd Streets. The supporting columns of the 41st Street bridge rest on the railroad right-of-way. Six railroad tracks lie within that right-of-way. Four of the tracks are owned by Amtrak, and two are owned by Conrail. The existing bridge was built pursuant to an ordinance of the City that required PRR to build and maintain the bridge at its own expense under supervision of the Philadelphia Department of Public Works. On behalf of PRR a document was signed accepting the terms of the ordinance on May 11, 1927. This document is known as the “ordinance agreement.” PRR and its successor, the Penn Central Transportation Company (Penn Central), complied with the ordinance agreement until a financial crisis befell the rail industry in the northeastern section of the United States. In the early 1970s, railroads in the northeast were rapidly failing. By 1971, Penn Central had filed for bankruptcy. Congress responded by enacting the Regional Rail Reorganization Act of 1973, 45 U.S.C. § 701 et seq., designed to allow railroads to reorganize and become part of the financially viable operations of Conrail and Amtrak. Penn Central reorganized accordingly-

In 1994, due to its deterioration, the 41st Street bridge was closed to vehicular traffic. The PUC, in its role as a regulator of rail-highway crossings, conducted an investigation to determine who was responsible for repair of the bridge. Subsequent action by the PUC, which was then reviewed by Commonwealth Court, resulted in the case being remanded to the PUC for apportionment of the costs of repair between the City, Conrail, and Amtrak. See City of Philadelphia v. Pennsylvania Public Utility Comm’n, 676 A.2d 1298 (Pa. Cmwlth.1996),

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Related

Norfolk Southern Railway Co. v. Pennsylvania Public Utility Commission
870 A.2d 942 (Commonwealth Court of Pennsylvania, 2005)
City of Philadelphia v. Consolidated Rail Corp.
222 F.3d 990 (D.C. Circuit, 2000)
City of Philadelphia v. Consolidated Rail Corp.
747 A.2d 352 (Supreme Court of Pennsylvania, 2000)

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Bluebook (online)
747 A.2d 352, 560 Pa. 587, 2000 Pa. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-philadelphia-v-consolidated-rail-corp-pa-2000.