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IN RE CONSOLIDATION COAL SALES CO.

932 A.2d 341 (2007)

In re Application of CONSOLIDATION COAL SALES COMPANY, et. al. to convene a state mining commission to determine underlying and adjacent support coal to be left in place, to assess damages, and other matters under lands located in Fallowfield Township, Washington County, Pennsylvania relative to a portion of the Mon/Fayette Expressway, S.R. 0043. Parties in interest: Consolidation Coal Sales Company, DuPech, Inc., Consolidation Coal Company, and Consol Pennsylvania Coal Company, corporations, and Pennsylvania Turnpike Commission, a Commonwealth instrumentality Pennsylvania Turnpike Commission, Appellant.

Commonwealth Court of Pennsylvania.

Decided September 7, 2007.

Attorney(s) appearing for the Case

Samuel P. Kamin, Pittsburgh, for appellant.

Douglas R. Nolin, WA, for appellees.

BEFORE: COLINS, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge.

OPINION BY Judge COLINS.

This is an appeal by the Pennsylvania Turnpike Commission (Turnpike) from an interlocutory order of a State Mining Commission (Commission) that determined the "date of taking" of support coal underlying portions of the Mon/Fayette Expressway (MFX) was November 7, 2005.1

Between 1994 and 1998, the Turnpike acquired a number of properties in Washington County, Pennsylvania, on which it subsequently constructed...

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