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ZUFALL v. DEPT. OF ENV. RESOURCES

139 Pa.Commw. 288 (1991)

590 A.2d 812

James ZUFALL, Clinton Baker and CNG Development Company, Petitioners, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 23, 1991.

Petition for Allowance of Appeal Denied October 17, 1991.

Attorney(s) appearing for the Case

David C. Pohland, Cassidy, Kotjarapoglus & Pohland, P.C., Greensburg, with him, Joseph B. Policicchio, Somerset, for petitioners.

Patrick H. Bair, Asst. Counsel, Harrisburg, for respondent.

Before CRAIG, President Judge, and PELLEGRINI, J., and BARRY, Senior Judge.

OPINION

BARRY, Senior Judge.

Clinton Baker and his wife, Dorothy Baker and James Zufall and his wife, Grace Zufall (petitioners) have petitioned this Court for review of an order of the Commonwealth's Board of Property (Board) which held that the Commonwealth of Pennsylvania is the rightful owner of oil and gas rights, the subject of this litigation. We vacate and remand.

The petitioners were the owners of a 206.5 acre tract of land in Somerset County...

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