Sunbeam Coal Corp. v. Commonwealth

Opinion by

President Judge Bowman,

Sunbeam Coal Corporation (Sunbeam) has appealed'from an order of the Court of Common Pleas *471of Butler County which sustained the preliminary objections of the Pennsylvania Game Commission (Commission) to Sunbeam’s motion to appoint a new board of view in this eminent domain proceeding. For the reasons stated below, we reverse and remand..

The protracted procedural history of this litigation is presently lumbering into its twelfth year. On June 2, 1967, the Commission adopted a resolution wherein it resolved to “acquire by condemnation a fee simple estate or…