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MACHIPONGO LAND & COAL CO. v. COM., DER

538 Pa. 361 (1994)

648 A.2d 767

MACHIPONGO LAND AND COAL COMPANY, INC., the Victor E. Erickson Trust and Joseph Naughton, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, the Environmental Quality Board, and Arthur A. Davis, Secretary of Environmental Resources, Appellees.

Supreme Court of Pennsylvania.

Decided October 11, 1994.

Attorney(s) appearing for the Case

Carl A. Belin, Jr., Clearfield, Andrew H. Cline, Joel R. Burcat, Robert L. Byer, Kirkpatrick & Lockhart, Harrisburg, for Machipongo Land & Coal Co., Inc.

Joseph G. Pizarchik, Richard P. Mather, Harrisburg, for Com., D.E.R.

Before NIX, C.J., and ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

This case raises several questions of jurisdiction over pre-enforcement challenges to regulations promulgated by the Environmental Quality Board (the "EQB") constituting a regulatory taking of real property. For the reasons set forth below, we reverse the order of the Commonwealth Court and remand the case for further proceedings in accordance with the Eminent Domain Code, 26 P.S. § 1-101 et seq.;

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