Legal Opinion
Domiano v. Commonwealth, Department of Environmental Resources
Commonwealth Court of Pennsylvania
Decided June 8, 1998No. 1972 C.D. 1997PublishedCited by 3 opinions
1Opinion of the Court
LORD, Senior Judge.
The Department of Environmental Protection (DEP) appeals an order of the Court of Common Pleas of Lackawanna County denying its preliminary objections to David Domi-ano’s petition for appointment of board of viewers.
On July 22, 1993, DEP issued a letter to Domiano, giving official notice that DEP would enter land in which Domiano holds a leasehold interest for the purpose of accomplishing a stream channel restoration project at an abandoned mine site. Domiano then filed a petition for appointment of board of viewers pursuant to section 502 of the Eminent Domain Code1 and…
2Cases cited12 opinions
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
- Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
- McGaffic v. RED. AUTH., CITY OF N. CASTLECommonwealth Court of Pennsylvania · 1988
- Gaebel v. Thornbury TownshipCommonwealth Court of Pennsylvania · 1973
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3Cited by3 opinions
- People United to Save Homes v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2001
- In Re FlowersCommonwealth Court of Pennsylvania · 1999
- Domiano v. COM., DEPT. OF ENV. RESOURCESCommonwealth Court of Pennsylvania · 1998