Kingston Borough Appeal

Opinion by

Mr. Justice Patterson,

This is an appeal by the Borough of Kingston, intervenor in a proceeding before a State Mining Commission convened upon petition of the Lehigh Valley Coal Company, appellee, to determine the underlying or adjacent coal to be left in place as vertical or lateral support for lands taken by the Commonwealth in the creation and adoption of Flood Control District No. 4.

On October 13, 1937, official plans and maps for Flood Control District No. 4 within the Boroughs of Edwardsville and Kingston, Luzerne County, were adopted by the Board for Flood Control District No.…