A clause within a deed reserving rights to underground coal and mineral mining does not apply to rock near the surface that is processed and crushed during construction on the property in question, the state Superior Court has ruled.
A split three-judge panel on Sept. 2 reversed and remanded a ruling from the Luzerne County Court of Common Pleas, ordering summary judgment in favor of NBC Seventh Realty Corp., the defendant in a lawsuit over mineral rights on a Luzerne County property.
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