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TRAIL MOUNTAIN COAL v. DIV. OF LANDS

No. 940556.

921 P.2d 1365 (1996)

TRAIL MOUNTAIN COAL COMPANY, Plaintiff, Respondent, and Cross-Petitioner, v. The UTAH DIVISION OF STATE LANDS AND FORESTRY; Ralph Miles, Director of the Division of State Lands and Forestry; The Utah Board of State Lands and Forestry; The Utah Department of Natural Resources; Dee Hansen, Executive Director of the Utah Department of Natural Resources, Defendants, Petitioners and Cross-Respondents.

Supreme Court of Utah.

Rehearing Denied August 23, 1996.

Attorney(s) appearing for the Case

Richard G. Wilkins, William B. Prince, Salt Lake City, for plaintiff.

Jan Graham, Atty. Gen., Clark B. Allred, Gayle F. McKeachnie, Steven F. Alder, Asst. Attys. Gen., for defendants.

STEWART, Associate Chief Justice:

This case involves a dispute between the Utah Division of State Lands and Forestry (the "Division") and Trail Mountain Coal Company ("Trail Mountain") concerning pre-judgment interest and penalties assessed on delinquent lease payments. The lease in question was issued by the State of Utah. It permitted Trail Mountain to mine coal on a parcel of school trust lands near Orangeville, Utah.1 We granted the...

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