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DUQUESNE LIGHT COMPANY v. MONROEVILLE BOROUGH (11/17/72)

decided: November 17, 1972.

DUQUESNE LIGHT COMPANY, APPELLANT
v.
MONROEVILLE BOROUGH



Appeals from decrees of Court of Common Pleas, Civil Division, of Allegheny County, Jan. T., 1967, No. 2233, Oct. T., 1968, No. 692, and Nov. T., 1969, No. 59, in cases of Duquesne Light Company v. Borough of Monroeville and The Bell Tedephone Company of Pennsylvania et al. v. Borough of Monroeville.

COUNSEL

David McNeil Olds, with him Harry H. Weil, T. J. Munsch, Jr., and Reed, Smith, Shaw & McClay, for appellant, Duquesne Light Company.

Edward Munce, with him Anthony L. Marino, for appellant, Pennsylvania Public Utility Commission.

Richard B. Tucker, Jr., with him B. A. Karlowitz, and Tucker, Burke, Campbell & Arensberg, for appellant, The Bell Telephone Company of Pennsylvania.

John M. Feeney, with him Richard L. Rosenzweig, Jerome M. Myers, Harrington, Feeney & Schweers, Rosenzweig & Rosenzweig and Meyers & Meyers, for appellee.

Vincent Butler, with him Gennaro D. Caliendo, for intervenor.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Chief Justice Jones. The former Mr. Chief Justice Bell and the late Mr. Justice Cohen took no part in the decision of this case. Concurring Opinion by Mr. Justice Roberts. Mr. Justice Pomeroy joins in this concurring opinion.

Author: Jones

[ 449 Pa. Page 574]

On October 25, 1966, the Borough of Monroeville [Borough] enacted Ordinance No. 557, which created an underground wire district pursuant to Sections 2301 through 2305 of the Pennsylvania Borough Code.*fn1 The

[ 449 Pa. Page 575]

    ordinance prohibits the introduction of new overhead wires, cables and supporting poles within the defined district and requires the removal of existing overhead facilities by either relocating the facilities outside the district, thereby serving customers from the rear of their properties, or by placing the faciilties in underground conduits within the district. The ordinance is binding upon all persons, including the Borough. The "underground wiring district" would be 300' in width (extending about two and one-half miles along the William Penn Highway [U. S. Business Route 22] from a point near the west edge of the Borough eastwardly to the Pennsylvania Turnpike and about one mile along a north-south road, intersecting William Penn Highway, known as Haymaker Road and Mosside Boulevard).

Appellants, Duquesne Light Company [Duquesne], Bell Telephone Company [Bell] and the American Telegraph and Telephone Company [A. T. & T.], all maintain overhead wire facilities within the district. After passage of the ordinance in 1966, the appellants were notified by the Borough that they had approximately three years and two months to remove their overhead wires and supporting poles and relocate their facilities, either in the rear of the serviced properties or underground. The time limit was set so that the relocation of the wires could coincide with a proposed widening of the William Penn Highway by the Pennsylvania Department of Highways.

Duquesne filed an appeal with the Allegheny County Quarter Sessions Court within the thirty-day statutory appeal period. However, by mutual consent, no further ...


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