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PBS COALS v. DEPARTMENT OF TRANSPORTATION

No. 41 WAP 2019.

244 A.3d 386 (2021)

PBS COALS, INC. and Penn Pocahontas Coal, Co., Appellees v. Commonwealth of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Pennsylvania.

Decided: January 20, 2021.

Attorney(s) appearing for the Case

Vincent Joseph Barbera, Esq. , Barbera, Clapper, Beener, Rullo & Melvin, L.L.P., Robert P. Lightcap, Esq. , Robert P. Lightcap, Esq., for Appellees.

Eric John Jackson, Esq. , Pennsylvania Department of Transportation, David Lee Williams, Esq. , Pennsylvania Office of General Counsel, for Appellant.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

We granted the Commonwealth of Pennsylvania, Department of Transportation ("PennDOT")'s petition seeking review of the Commonwealth Court's holding that a de facto taking of an unmined coal estate, owned by Penn Pocahontas and leased to PBS Coals, Inc. (collectively "the Coal Companies")...

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