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SAHARA COAL v. DEPT. OF MINES & MINERALS

No. 80-532.

103 Ill. App.3d 115 (1981)

431 N.E.2d 394

SAHARA COAL COMPANY, INC., Plaintiff-Appellee, v. THE DEPARTMENT OF MINES AND MINERALS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing allowed and supplemental opinion filed January 27, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield (Jon E. Tweedt, Assistant Attorney General, of counsel), for appellant.

Charles R. Jelliffe, of Harrisburg, and Michael Schneiderman and Michael M. Conway, both of Chicago, for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE WELCH delivered the opinion of the court:

This case presents several fundamental issues in the law of administrative review in Illinois. It arises in the context of the denial of an application for a strip-mining permit under the Surface-Mined Land Conservation and Reclamation Act (Ill. Rev. Stat. 1979, ch. 96 1/2, par. 4501 et seq.) (the Act...

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