Legal Opinion

Burnier v. Department of Environmental Resources

Commonwealth Court of Pennsylvania

Decided June 16, 1992No. 2006 C.D. 1991PublishedCited by 7 opinions

1Opinion of the Court

BLATT, Senior Judge.

Francis Bumier (appellant) appeals from an order of the Court of Common Pleas of Tioga County (trial court) granting a permanent injunction enjoining interference with work conducted by the Department of Environmental Resources (DER) upon the right-of-way of the Consolidated Rail Corporation (Conrail). We affirm.

In 1988, Conrail determined that it would cease rail operations along a 62-mile segment running through the scenic Pine Creek Gorge in Tioga and Lycoming Counties and, pursuant to Interstate Commerce Commission (ICC) statutes and regu lations, filed a notice of…

2Cases cited9 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Brodt v. BrownSupreme Court of Pennsylvania · 1961
  3. State Ex Rel. Washington Wildlife Preservation, Inc. v. StateSupreme Court of Minnesota · 1983
  4. Department of Environmental Resources v. Rushton Mining Co.Commonwealth Court of Pennsylvania · 1991
  5. Lacy v. East Broad Top Railroad & Coal Co.Superior Court of Pennsylvania · 1951

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Buffalo Township v. JonesSupreme Court of Pennsylvania · 2002
  2. Moody v. Allegheny Valley Land TrustSupreme Court of Pennsylvania · 2009
  3. Buffalo Township v. JonesCommonwealth Court of Pennsylvania · 2001
  4. Palm Corp. v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1997
  5. Troha v. United StatesDistrict Court, W.D. Pennsylvania · 2010

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API