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IOWA COAL MINING CO. v. MONROE COUNTY

No. 91-1237.

494 N.W.2d 664 (1993)

IOWA COAL MINING COMPANY, INC., Star Coal Mining Company, Inc., and Jim Huyser, Appellees, v. MONROE COUNTY, Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied February 18, 1993.

Attorney(s) appearing for the Case

Lee H. Gaudineer of Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, and Annette J. Scieszinski, Sp. Asst. County Atty., Albia, for appellants.

R. Jeffrey Lewis, Joseph G. Van Winkle, and S.P. DeVolder of Gamble & Davis, P.C., Des Moines, for appellees Iowa Coal Min. Co., Inc. and Star Coal Min. Co., Inc.

James Q. Blomgren and Randall C. Stravers of Pothoven, Blomgren & Stravers, Oskaloosa, for appellee Jim Huyser.

Considered by LARSON, P.J., and SCHULTZ, CARTER, LAVORATO, and NEUMAN, JJ.

NEUMAN, Justice.

This case concerns a coal company's attempt to increase its profitability by merging its strip mining operation with a solid waste landfill. The company's zeal in pursuing the venture was exceeded only by the county's speed in enacting a zoning ordinance to restrict it. The question is whether the county thereby violated statutory zoning laws or so burdened the coal company with a regulatory taking that it is entitled to just compensation under our...

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