ROCKING M. RANCH, INC. v. SAHARA COAL CO.

No. 5-90-0105.

576 N.E.2d 1120 (1991)

217 Ill. App.3d 162

160 Ill.Dec. 166

ROCKING M. RANCH, INC., Plaintiff-Appellant, v. SAHARA COAL COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

July 3, 1991.


Attorney(s) appearing for the Case

Donald W. Urban, Sprague & Sprague, Belleville, for plaintiff-appellant.

Walden E. Morris, Jelliffe, Ferrell & Morris, Harrisburg, for defendant-appellee.


Presiding Justice RARICK delivered the opinion of the court:

Plaintiff, Rocking M. Ranch, Inc., brought this action in the circuit court of Saline County to recover damages to grazing and cropland which had subsided in the early 1980's as a result of the defendant's mining activities. Sahara Coal had purchased the mineral rights under the plaintiff's property in 1920 from one of the plaintiff's predecessors in title, and the deed contained a clause relieving the mineral...

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