Boyle Land & Fuel Co. v. Commonwealth

Opinion by

Judge MacPhail,

Boyle Land and Fuel Co. (Petitioner) commenced this action in our original jurisdiction seeking both equitable and declaratory judgment relief. Petitioner’s applications for summary relief and for a preliminary injunction have been denied. We now have before us for disposition Petitioner’s motion for sum*454mary judgment seeking’ to declare Section 18.4 of the Surface Mining Conservation and Reclamation Act1 (SMCRA) and Section 605 of the Clean Streams Law2 (OSL) unconstitutional.' Both sections require persons or municipalities who wish to appeal an assessment of a civil…