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FIORE v. COUNTY OF ALLEGHENY

Nos. 1805 C.D. 2009, 1806 C.D. 2009.

16 A.3d 1179 (2011)

Nello FIORE, Appellant v. COUNTY OF ALLEGHENY. Nello Fiore, Appellant v. County of Allegheny.

Commonwealth Court of Pennsylvania.

Decided February 1, 2011.

Attorney(s) appearing for the Case

Ronald T. Elliott , Butler, for appellant.

Howard M. Louik , Assistant Solicitor, Pittsburgh, for appellee.

BEFORE: LEADBETTER, President Judge, and COHN JUBELIRER, Judge, LEAVITT, Judge, BROBSON, Judge, and BUTLER, Judge.

OPINION BY President Judge LEADBETTER.

Nello Fiore appeals from the order of the Court of Common Pleas of Allegheny County, which declared that coal rights owned by Fiore "do not confer upon [him] the right to surface mine and/or strip mine" a public park in Allegheny County (County). We affirm.

Fiore filed two actions with common pleas after the County denied him access to the park, known as South Park, for preliminary drilling.1

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