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SLOPE CTY., ETC. v. CONSOLIDATION COAL CO.

Civ. No. 9545.

277 N.W.2d 124 (1979)

SLOPE COUNTY, North Dakota, By and Through its BOARD OF COUNTY COMMISSIONERS, Plaintiff and Appellant, v. CONSOLIDATION COAL COMPANY, a Delaware Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

March 15, 1979.

Attorney(s) appearing for the Case

Robert A. Keogh, Dickinson, for plaintiff and appellant.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and appellee; argued by Gary R. Wolberg, Bismarck.

SAND, Justice.

Presented in this case is the issue of whether or not the ownership by Consolidation Coal Company of certain lands in Slope County was reasonably necessary in the conduct of its mining operations. The Slope County District Court found the ownership was within the exception of North Dakota Century Code Ch. 10-06 which prohibits corporate ownership of agricultural lands except as are reasonably necessary in

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