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CARBON COUNTY v. UNION RESERVE COAL CO., INC.

No. 93-426.

898 P.2d 680 (1995)

CARBON COUNTY, a political subdivision of the State of Montana, Plaintiff and Respondent, v. UNION RESERVE COAL CO., INC., a Montana corporation; Red-lodge Bear Creek Coal Partners, a limited partnership; and Norbert H. Kmoch; et al., Defendants and Appellants, v. FLORENTINE EXPLORATION & PRODUCTION, INC., a Montana corporation, Intervenor, Respondent/Cross-Appellant.

Supreme Court of Montana.

Decided June 27, 1995.

Rehearing Denied July 27, 1995.

Attorney(s) appearing for the Case

Robert L. Stephens, Jr., Billings, for appellants.

Anthony W. Kendall, Red Lodge; Joseph Mazurek, Atty. Gen., Clay Smith, Asst. Atty. Gen., Helena; James P. Healow, Sweeney & Healow, Billings (Florentine), for respondents.

Tommy H. Butler, Sp. Asst. Atty. Gen., Helena, for amicus Dept. of State Lands.

NELSON, Justice.

The plaintiff, Carbon County, initiated this suit to quiet title in all of the mineral and mineral rights, excluding the coal and coal rights, on certain lands within the county. Florentine Exploration & Production (Florentine) was allowed to intervene in the action, aligning itself with Carbon County. Following a bench trial, the District Court for the Thirteenth Judicial District, Carbon County, entered judgment for defendant, Union Reserve...

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