GRAHAM v. DRYDOCK COAL CO.

No. 95-313.

76 Ohio St.3d 311 (1996)

GRAHAM, APPELLANT, v. DRYDOCK COAL COMPANY, APPELLEE; HOLMES ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 14, 1996.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, John C. Elam and Michael G. Long, for appellant Graham.

John P. Lavelle and Jack V. Oakley, for appellee.

Donald Wirtshafter, for appellants Everett and Joan Holmes.

Neal S. Tostenson, urging reversal for amicus curiae, Ohio Mining and Reclamation Association.

Larry R. Gearhardt, urging reversal for amicus curiae, Ohio Farm Bureau Federation.


MOYER, C.J.

The issue before the court is whether a deed which severs a mineral estate from a surface estate, which is drafted after the advent of strip mining in the region, and which grants the right to use the surface incident to mining coal, in language peculiarly applicable to deep-mining techniques, reserves the right to remove coal by strip-mining methods.

The parties agree that each possesses precisely the same property rights as their predecessors...

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