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CULP v. CONSOL PA. COAL CO.

Nos. 869 C. D. 1984 and 1136 C. D. 1984.

96 Pa.Commw. 94 (1986)

506 A.2d 985

John F. Culp, III, Petitioner v. Consol Pennsylvania Coal Company, Respondent. John F. Culp, III, Petitioner v. Consol Pennsylvania Coal Company, Respondent.

Commonwealth Court of Pennsylvania.

March 20, 1986.

Attorney(s) appearing for the Case

Gary P. Hunt, with him, Anthony P. Picadio, Tucker Arensberg, P.C., for petitioner.

E. J. Strassburger, Strassburger, McKenna, Messer, Shilobod & Gutnick, for respondent.

Marc A. Roda, Assistant Counsel, for intervenor, Department of Environmental Resources.

Argued March 14, 1985, before Judges DOYLE and PALLADINO, and Senior Judge KALISH, sitting as a panel of three. Reargued October 9, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.

OPINION BY JUDGE DOYLE, March 20, 1986:

On May 28, 1985 this Court issued a decision wherein we upheld the determination of the Environmental Hearing Board (EHB) that John F. Culp (Culp) had standing to appeal the issuance by EHB of a subsidence permit issued to Consol Pennsylvania Coal Company (Consol). We reversed the EHB, however, in its determination that Culp's interest in his superincumbent coal seams...

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