Legal Opinion
Payne Appeal
Supreme Court of Pennsylvania
Decided April 17, 1944No. Appeal, 77PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Me. Justice Hughes,
On September 9,1938, the Governor of the Commonwealth of Pennsylvania approved plans for relocation of State Highway Route 40105 as it passes through Luzerne Borough. This highway was located over the veins of coal owned by the petitioners, one of the areas being known as the Atherholt Tract. On May 9, 1941, Frank B. Davenport, the mining engineer of the Department of Highways, notified the mine foreman in charge of mining the coal under this tract, “that we should stop mining in that vicinity, and also a certain distance to keep away from the by-pass; that is,…
2Cases cited4 opinions
- Luzerne Township v. Fayette CountySupreme Court of Pennsylvania · 1938
- Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890
- Lowrie's AppealSupreme Court of Pennsylvania · 1940
- Glen Alden Coal Company's CaseSupreme Court of Pennsylvania · 1940
3Cited by5 opinions
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Moffat AppealSupreme Court of Pennsylvania · 1960
- Pittsburgh International Development Corp. v. Liquor Control BoardCommonwealth Court of Pennsylvania · 1972
- Brownfield v. CommonwealthCommonwealth Court of Pennsylvania · 1976
- National Gypsum Co. v. Commonwealth, Pennsylvania Court of Common Pleas, Centre County1972