Pa. Appeals Court Denies Plan To Strip-Mine Park

Law360, New York (February 2, 2011, 5:44 PM EST) -- A divided Pennsylvania appellate court has declared that a man's 109-year-old deed to coal rights does not allow him to surface or strip-mine an Allegheny County public park.

The Commonwealth Court of Pennsylvania issued the en banc opinion Tuesday, affirming a lower court's ruling that the intent of the deed was to keep the overlying strata above the coal in place, not to have it removed by strip mining.

The deed, issued in 1902 and currently held by plaintiff Nello Fiore, grants the right to mine...
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