Dufour v. Maize

Dissenting Opinion by

Mr. Justice Patterson:

The Bituminous Coal Open Pit Mining Conservation Act (Act of 1945, P. L. 1198, 52 PS Section 1396.1 et seq.) violates Article 3, Section .7 of the Pennsylvania Constitution 1 and the equal protection clause ■ of the Fourteenth Amendment to the Federal Constitution. 2 The purpose of the Act is to provide “for-the conservation and improvement of areas of land affected in the mining of bituminous coal by tbe open pit or stripping method, to aid thereby in the protection of birds and wild life, to enhance the value of such land for taxation, to decrease…