Kline v. Pennsylvania Mines Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting argument that Department of Environmental Resources’ regulatory and enforcement powers gave it control over a mine and personalty under the personal property exception to sovereign immunity, 42 Pa.C.S. 8522(b)(3
• Department of Environmental Resources regulatory power to control mine safety did not give it direct control or constitute possession over mines for purposes of real property exception to governmental immunity
• control of mine safety by the Depart ment of Environmental Resources through its regulatory and enforcement powers is insufficient to constitute “possession” of real property for purposes of the real property exception
• although focusing on Section 8522(b)(4) of Judicial Code, this Court also discussed Section 8522(b)(3) of Judicial Code, finding that exception did not apply because Department of Environmental Resources did not possess control over mine
• DER was immune from an action alleging negligent regulation of a mine destroyed by an explosion, since DER did not own the mine or a vehicle involved in the blast, and the personal property and real property exceptions were thus inapplicable
• the Department of Environmental Resources regulatory and enforcement powers do not give it “control” of a mine and the real estate exception to sovereign immunity found in Section 8522 of the Judicial Code, 42 Pa.C.S. § 8522, does not apply

Source: CourtListener parenthetical corpus (CC0).