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BELDEN & BLAKE CORP. v. COM., DCNR

No. 35 MAP 2007.

969 A.2d 528 (2009)

BELDEN & BLAKE CORPORATION, Appellee v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, Appellant.

Supreme Court of Pennsylvania.

Decided April 29, 2009.

Attorney(s) appearing for the Case

Virginia J. Davison, Esq., Kimberly A. Hummel, Esq., PA Department of Conservation & Natural Resources, Harrisburg, for Department of Conservation and Natural Resources.

Robert T. Weston, Esq., Walter A. Bunt, Jr., Esq., George A. Bibikos, Esq., Kirkpatrick & Lockhart Preston Gates Ellis LLP, for Belden & Blake Corporation.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice EAKIN.

Appellee Belden & Blake owns or leases oil and natural gas estates on three parcels of property in Oil Creek State Park; the Commonwealth owns the Park's surface. In December, 2004, Belden & Blake notified the Commonwealth, specifically, the Department of Conservation and Natural Resources (DCNR), it was in the preliminary stages of developing gas wells on two of the parcels; it provided similar notice in March, 2005...

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