DRESSLER COAL CORP. v. CALL, CHIEF, DIVISION OF RECLAMATION

Nos. 81AP-320, 321 and 322.

4 Ohio App. 3d 81 (1981)

DRESSLER COAL CORPORATION, APPELLEE AND CROSS-APPELLANT, v. CALL, CHIEF, DIVISION OF RECLAMATION, APPELLANT AND CROSS-APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided November 17, 1981.


Attorney(s) appearing for the Case

Mr. Richard B. Kay, Messrs. Peabody, Rivlin, Lambert & Myers, Mr. Jeremiah D. Lambert and Mr. Michael W. Beasley, for appellee and cross-appellant.

Mr. William J. Brown, attorney general, Mr. David E. Northrop and Mr. Dominic J. Hanket, for appellant and cross-appellee.


MCCORMAC, J.

In 1973, Dressler Coal Corporation applied to the Division of Reclamation for a license to strip mine and reclaim a 23.8 acre parcel of land in Muskingum County. As required by R.C. 1513.07, the application included a plan for mining and reclamation describing the grading and revegetation plan to reclaim the mined land. The plan was approved and a license to mine and reclaim the parcel was issued by the chief of the division.

After mining and...

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