Legal Opinion

In re Yudacufski

Commonwealth Court of Pennsylvania

Decided November 25, 1985No. Appeal, No. 2575 C.D. 1982PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Judge Barry,

This appeal results from an order of the Court of Common Pleas of Schuylkill County which sustained preliminary objections filed by the Commonwealth of Pennsylvania, Department of Transportation (DOT) and dismissed an application to convene the State Mining Commission filed by appellant Herman Yudacufski.

The factual history of this case dates back two decades. Appellant is the owner of both the surface rights and subsurface mineral rights of certain lands in Schuylkill County. In order that Interstate 81 (1-81) could be constructed, DOT condemned a portion of appellant’s…

2Cases cited8 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. San Diego Gas & Electric Co. v. City of San DiegoSupreme Court of the United States · 1981
  3. Yudacufski v. Commonwealth, Department of TransportationSupreme Court of Pennsylvania · 1982
  4. H. C. Frick Coke Co. AppealSupreme Court of Pennsylvania · 1945
  5. Williams v. Department of HighwaysSupreme Court of Pennsylvania · 1966

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3Cited by2 opinions

  1. Edelweiss Development Corp. v. County of SusquehannaDistrict Court, M.D. Pennsylvania · 1988
  2. Commonwealth v. YudacufskiCommonwealth Court of Pennsylvania · 1989

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