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IOWA COAL MIN. CO. v. MONROE COUNTY

No. 95-198.

555 N.W.2d 418 (1996)

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

Supreme Court of Iowa.

Rehearing Denied November 18, 1996.

Attorney(s) appearing for the Case

Lee H. Gaudineer, Jr., and H. Loraine Wallace of Austin, Gaudineer, Austin, Salmons, Swanson & Hopkins, Des Moines, and William S. Owens, County Attorney, for appellant.

R. Jeffrey Lewis, Joseph G. Van Winkle, and S.P. DeVolder of Lewis, Webster, Johnson, Van Winkle & DeVolder, Des Moines, for appellees Iowa Coal and Star Coal.

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

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.

LAVORATO, Justice.

The plaintiffs in this case are a coal mining company, its parent company, and the sole stockholder of the parent company. The defendant is the county in which the coal mining operation is located. The county passed a county-wide zoning ordinance that affected the use of two sites (Star 6 and Star 14) belonging to the coal mining company. The coal mining company intended to use the sites as a combined coal mining and landfilling operation. The county...

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