Machipongo Land and Coal Co., Inc. v. Commonwealth of Pennsylvania
- Case Date: 6/29/2001
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
The Pennsylvania Supreme Court reversed a lower court decision in May 2002, and rejected a takings claim filed by a coal company alleging that restrictions on coal mining constituted a regulatory taking, entitling the company to just compensation under the Fifth Amendment. Nevertheless, the Court remanded the case to the lower court for takings analysis with respect to several parcels of the property. WLF had filed a brief with the Court on behalf of itself and the Pennsylvania Chamber of Business and Industry, urging the Court to affirm the lower court decision.
|Reversed and remanded for further proceedings.|
More Information and Downloads:
6/29/2001: Download the Brief
Litigation Update: Court Rejects Takings Claim In Coal Mining Case