Commonwealth v. Glen Alden Corp.

Dissenting Opinion by

Mr. Justice Jones :

Acting through the Secretary of Health, the Commonwealth instituted this equity action alleging that the Glen Alden Corporation and the Pennsupreme Coal Company (Coal Companies), were maintaining, in Ashley Borough and Hanover Township, Luzerne County, a “coal refuse disposal site on which there [are] burning coal refuse piles” and that the “burning coal refuse *65piles release noxious gases which constitute a nuisance in that they adversely affect the health and well-being of the residents of the surrounding area”, a “nuisance detrimental to public…