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COTEAU PROPERTIES CO. v. OSTER

No. 990264.

606 N.W.2d 876 (2000)

2000 ND 23

COTEAU PROPERTIES CO., Applicant and Appellee, v. Herbert OSTER and Ruth Oster, Respondents and Appellants, North Dakota Public Service Commission, Appellee.

Supreme Court of North Dakota.

February 22, 2000.

Attorney(s) appearing for the Case

Kent M. Morrow (argued) of Severin, Ringsak & Morrow, Bismarck, for respondents and appellants.

Brian R. Bjella (argued) of Fleck, Mather & Strutz, Bismarck, for applicant and appellee.

Charles E. Johnson, Special Assistant Attorney General, and William W. Binek, Special Assistant Attorney General, Bismarck, for appellee North Dakota Public Service Commission.

NEUMANN, Justice.

[¶ 1] Herbert Oster and Ruth Oster appeal from the trial court's order1 affirming the Public Service Commission's decision approving Coteau Properties' mining permit revision. We affirm.

[¶ 2] Coteau Properties Company operates the Freedom Mine located north of Hazen in Mercer County. In 1992, the North Dakota Public Service Commission ("PSC") issued Coteau Properties a mining permit. On April 28, 1998...

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