MACHIPONGO LAND AND COAL COMPANY, INC. and The Victor E. Erickson Trust and Joseph Naughton, Appellees,
v.
COMMONWEALTH of Pennsylvania, Department of Environmental Protection, The Environmental Quality Board and Arthur A. Davis, Secretary of Environmental Protection, Appellants.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued November 13, 2001.
Decided May 30, 2002.
Attorney(s) appearing for the Case
Michael David Bedrin, Wilkes Barre, K. Scott Roy, James M. Sheehan, Harrisburg, for Department of Environmental Resources.
Richard P. Mather, Joseph G. Pizarchik, Harrisburg, for Com., Dep., et al.
John J. Walliser, for Pennsylvania Environmental Council, amicus curiae.
William W. Warren, Jr., Harrisburg, Timothy J. Dowling, for Pennsylvania League of Cities and Municipalities, amicus curiae.
Thomas L. Wenger, Harrisburg, PA ST Assoc. of Township Supervisors, amicus curiae.
Enrico Genaro Nardone, Trucksville, John D. Echeverria, for 10,000 Friend of PA, Citizens for Pa's Future & Pa's Trout.
Carl A. Belin, Clearfield, Joel R. Burcat, Harrisburg, for Machipongo Land and Coal Co.
David James Porter, Pittsburgh, for Pacific Legal Foundation/PA Farm Bureau/PA Builders Assoc., amicus curiae.
Gregory Barton Abeln, Carlisle, for Washington Legal Foundation (WLF) and the PA Chamber of Business and Industry, amicus curiae.
Henry McC. Ingram, for PA Coal and PA Landowners Associations, amicus curiae.
Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, and SAYLOR, JJ.
Supreme Court of Pennsylvania.
OPINION
NEWMAN, Justice.
When state government determines that an intended use of private property conflicts with legitimate public purposes, there can be no doubt concerning the power of the government to prohibit the private use. Penn Central Transp. Co. v. City of New York,438 U.S. 104, 124-125, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978); Machipongo Land and Coal...
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