GRC COAL CO. v. PA. GAME COMM.

No. 3209 C.D. 1980.

63 Pa.Commw. 10 (1981)

GRC Coal Company, Petitioner v. Commonwealth of Pennsylvania for the Use of the Pennsylvania Game Commission, Respondent.

Commonwealth Court of Pennsylvania.

November 30, 1981.


Attorney(s) appearing for the Case

H. John Drayer, with him Henry Ray Pope, III, Pope and Pope, for petitioner.

William R. Pouss, Assistant Counsel, for respondent.

Argued October 8, 1981, before President Judge CRUMLISH, JR. and Judges BLATT and CRAIG, sitting as a panel of three.


OPINION BY JUDGE CRAIG, November 30, 1981:

Petitioner GRC Coal Company, as lessee of reserved coal mining rights on a tract of land in Cambria County, has appealed an order by the Board of Property prohibiting it from strip mining coal on the land without the permission of the respondent owner, the Pennsylvania Game Commission.

On May 20, 1941, J. Harrison Westover had conveyed 2178.8 acres1 to the commission,

EXCEPTING...

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