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SIMPSON v. OHIO DIV. OF MINES

No. 99 BA 16.

145 Ohio App.3d 817 (2001)

SIMPSON et al., Appellants, v. OHIO DIVISION OF MINES AND RECLAMATION, Appellee; Ohio Valley Coal Company, Intervenor.

Court of Appeals of Ohio, Seventh District, Belmont County.

Decided September 10, 2001.

Attorney(s) appearing for the Case

Steven J. Edwards; Fisher, Douglas & Schwartz and David W. Douglas, for appellants Floyd Simpson, Country Mile Farm, and F. & S. Simpson.

Betty D. Montgomery, Attorney General, Brett A. Kravitz and Kristen Bennett, Assistant Attorneys General, Environmental Enforcement Section, for appellee Division of Mines and Reclamation.

Porter, Wright, Morris & Arthur, Mark S. Stemm and Douglas L. Anderson, for intervenor Ohio Valley Coal Company.

DEGENARO, Judge.

This timely appeal comes for consideration upon the record before the Reclamation Commission, the parties' briefs, and their arguments to this court. Appellant Floyd Simpson ("Simpson") appeals the decision of the Reclamation Commission dismissing Simpson's appeal and upholding the ruling of the Chief of the Ohio Department of Natural Resources, Division of Mines and Reclamation, issuing an Adjacent...

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