Burns v. Consol Pennsylvania Coal Co.

OLSZEWSKI, Judge:

This is an appeal from an order enjoining appellant Consol Pennsylvania Coal Company [“Consol”] from mining coal under four tracts of land owned by appellees, Carl and Nancy Burns [“the Burns”]. The dispute in this case boils down to whether the Pennsylvania Bituminous Mine Subsidence and Land Conservation Act, 52 Pa.S.A. § 1406.1, et seq. [hereinafter “the Subsidence Act” or “the Act”], requires Consol to include on a map its support plan for an undeveloped tract of land which is owed the right to support. The trial court held that Consol must indicate such support and…