IOWA COAL MINING CO. v. MONROE COUNTY

No. 00-2880SI

257 F.3d 846 (2001)

Iowa Coal Mining Co., Inc., Star Coal Company, Inc., and James Huyser, Appellants, v. Monroe County, Iowa; Juanita L. Murphy; Monroe County Board of Adjustment; Arthur W. Sims, Member; Natalie Lathrop, Member; Joseph E. Pearson, Member; Robert Lee Putnam, Member; and William H. Yates, Member, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2001


Attorney(s) appearing for the Case

Steven P. DeVolder, argued, Des Moines, IA (Jeffrey Lewis, on the brief), for appellant.

John M. Baker, argued, Minneapolis, MN (Clifford M Greene, Kasey W. Kincaid, Des Moines, IA, on the brief), for appellee.

Before RICHARD S. ARNOLD and MORRIS SHEPPARD ARNOLD, Circuit Judges, and MONTGOMERY, District Judge.


RICHARD S. ARNOLD, Circuit Judge.

These consolidated cases involve a mining concern's efforts to combine a strip mine and a solid-waste landfill on property it leased in Monroe County, Iowa. The County opposed the landfilling operation and enacted zoning ordinances to prohibit this use of the property. The parties litigated their dispute in the state courts for over ten years, resulting in two decisions by the Iowa Supreme Court. Thereafter, the County denied the...

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