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DRYDOCK COAL CO. v. DIV. OF RECLAMATION

No. 95 CA 1668.

115 Ohio App.3d 563 (1996)

DRYDOCK COAL COMPANY, INC., Appellant, v. OHIO DIVISION OF RECLAMATION, Appellee.

Court of Appeals of Ohio, Fourth District, Athens County.

Decided November 19, 1996.

Attorney(s) appearing for the Case

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

Betty D. Montgomery, Attorney General, and Mark G. Bonaventura, Assistant Attorney General, Division of Reclamation, for appellee.

PETER B. ABELE, Presiding Judge.

This is an appeal from a decision of the Ohio Reclamation Board of Review denying a request by Drydock Coal Company, Inc., appellant herein, to remove from an approved coal strip-mining application a condition that bars appellant from mining within three hundred feet of an occupied dwelling.

Appellant assigns the following error:

"The Reclamation Board of Review erred in affirming the decision of the Chief of the Division...

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