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COM., PA GAME COM'N v. SENECA RESOURCES CORPORATION

No. 89 M.D. 2013

84 A.3d 1098 (2014)

COMMONWEALTH of Pennsylvania, PENNSYLVANIA GAME COMMISSION, Plaintiff v. SENECA RESOURCES CORPORATION, Defendant.

Commonwealth Court of Pennsylvania.

Decided January 27, 2014.

Attorney(s) appearing for the Case

Bradley C. Bechtel , Chief Counsel, Harrisburg, for plaintiff.

David R. Overstreet , Pittsburgh, for defendant.

BEFORE: DAN PELLEGRINI, President Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and COHN JUBELIRER, Judge, and ROBERT SIMPSON, Judge, and MARY HANNAH LEAVITT, Judge, and P. KEVIN BROBSON, Judge, and ANNE E. COVEY, Judge.

OPINION BY Judge COVEY.

Seneca Resources Corporation (Seneca) filed preliminary objections to the Commonwealth of Pennsylvania, Pennsylvania Game Commission's (Commission) Complaint seeking injunctive and declaratory relief against Seneca1 relative to development of oil and natural gas under State Game Lands 39 in Venango County, Pennsylvania. The issues for this Court's review are whether the Commission's claims are justiciable, and whether...

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