Mase v. Commonwealth

Opinion by

Judge Craig,

Petitioner Richard Mase initiated this action by filing a petition for declaratory judgment in this Court, naming only the Commonwealth of Pennsylvania as respondent. Before learning that this Court had determined to treat the action as a petition for review, the Commonwealth, through the Department of Environmental Resources, filed an answer to the original petition; upon learning of the court’s determination, the respondent then filed preliminary objections to the petition, which objections are now before us.

Petitioner alleges that he is the lessee of certain mineral…