1. Home
  2. Browse Decisions
  3. P.2d
  4. 748 P.2d
  5. 748 P.2d 444 (1987)
 

MONTANA TALC CO. v. CYPRUS MINES CORP.

No. 87-186.

748 P.2d 444 (1987)

MONTANA TALC COMPANY, a joint venture; Meridian Minerals Company, a corporation; and Westmont Mining, Inc., a corporation, formerly Nicor Mineral Ventures, Inc., Plaintiffs and Appellants, v. CYPRUS MINES CORPORATION, a Delaware Corp.; Cyprus Industrial Minerals Corporation, a Delaware corp.; and Unknown Others, Defendants and Respondents.

Supreme Court of Montana.

Decided December 28, 1987.

Attorney(s) appearing for the Case

Holland & Hart; Stephen H. Foster argued, Billings, Davis, Graham & Stubbs; Brian T. Dolan, Joseph P. McMahon, Jr. argued, Denver, Colo., for plaintiffs and appellants.

Poore, Roth & Robinson; Urban L. Roth, Thomas M. Welsch argued, Butte, for defendants and respondents.

Gough, Shanahan, Johnson & Waterman; William H. Coldiron, Montana Mining Assoc., Helena, for amicus curiae.

SHEEHY, Justice.

A summary judgment was entered by the District Court, Fifth Judicial District, Madison County, against Montana Talc Company in its effort to obtain by eminent domain open-pit mining excavation rights on real property owned by Cyprus Mines Corporation.

The District Court ruled in essence that an open-pit excavation on the land of another for the purpose of mining an ore body on adjacent land is not an authorized public use under Montana condemnation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases