GRC Coal Co. v. Commonwealth

Opinion by

Judge Craig,

Petitioner GRC Coal Company, as lessee of reserved coal mining rights on a tract of land in Cambria County, has appealed an order by the Board of Property prohibiting it from strip mining coal on the land without the permission of the respondent owner, the Pennsylvania Game Commission.

On May 20, 1941, J. Harrison Westover had conveyed 2178.8 acres1 to the commission,

EXCEPTING AND RESERVING to the grantors herein, their heirs and assigns, all coal and fire clay, with the right to mine and remove same without liability for damages and to use so much of the surface as may…