Legal Opinion

MacHipongo Land & Coal Co. v. Commonwealth, Department of Environmental Resources

Commonwealth Court of Pennsylvania

Decided October 1, 1998Published

1Opinion of the Court

719 A.2d 19 (1998)

MACHIPONGO LAND AND COAL COMPANY, INC. and the Victor E. Erickson Trust and Joseph Naughton, Petitioners,

v.

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, the Environmental Quality Board and Arthur A. Davis, Secretary of Environmental Resources, Respondents.

Commonwealth Court of Pennsylvania.

Argued June 8, 1998.

Decided September 30, 1998.

As Amended October 1, 1998.

Reargument Denied October 30, 1998.

Carl A. Belin, Jr., Clearfield, Joel R. Burcat, Harrisburg, for petitioners.

Richard P. Mather, Joseph Pizarchik, Harrisburg, for respondents.

Before PELLEGRINI…

Also in this document: Dissent.

2Cases cited30 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  5. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987

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