PBS Coals, Inc. and Penn Pocahontas Coal, Co. v. Comwlth of PA, DOT

OPINION BY JUDGE McCULLOUGH

PBS Coals, Inc. and Penn Pocahontas Coal, Co. (collectively, the Coal Companies) appeal from the January 19, 2018 order of the Court of Common Pleas of Somerset County (trial court) sustaining the Pennsylvania Department of Transportation's (PennDOT) preliminary objections to the Coal Companies' petition for the appointment of a board of viewers (Petition), which alleged that PennDOT's actions constituted a de facto taking of the Coal Companies' coal estate and coal interest on a parcel of property in Somerset County.

Facts and Procedural History

This case involves…