Opinion

Scranton Steam Heat Co. v. Pennsylvania Public Utility Commission

  • 194 Pa. Super. 143
Court
Superior Court of Pennsylvania
Filed
Dec 14, 1960
Status
Published
Author
Montgomery
On the bench
Ervin, Gunther, Montgomery, Rhodes, Watkins, Woodside, Wright
Cited by
6 cases

The opinion

Concurring and Dissenting Opinion by

Montgomery, J.:

I concur in part with the results attained by the majority for the sole and basic reason that the Commission refused to consider any factor relating to the fair value of the respondent’s property except acquisition cost. This manner of appraisal is contrary to all established principles of law. There may be many reasons for giving greater weight to and placing more importance on acquisition costs in this case but there is no justification for the failure to give some consideration to all of the other elements that generally determine fair value.

*161 However, I do not concur in the remand of this case merely for the entry of an appropriate order. I would remand it for reconsideration by the Commission of the entire record in the light of the majority opinion, and for the entry of such new order as to the Commission may seem appropriate and just after such reconsideration.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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