PEEPLES, INC. v. STATE LAND DEPT.

No. 1 CA-CV 02-0408.

59 P.3d 830 (2002)

204 Ariz. 66

PEEPLES, INC., Plaintiff-Appellant, v. ARIZONA STATE LAND DEPARTMENT, ex rel., Michael E. ANABLE, Commissioner, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

December 24, 2002.


Attorney(s) appearing for the Case

Gust Rosenfeld, P.L.C. by Jerry L. Haggard, James G. Speer, Phoenix, Attorneys for Appellant.

Janet Napolitano, Attorney General by Theresa M. Craig, Assistant Attorney General, Phoenix, Attorneys for Appellees.

Twitty, Sievwright & Mills by Ralph B. Sievwright, John F. Mills, Phoenix, Attorneys for Arizona Mining Association, Amicus.


OPINION

PATTERSON, Judge.

¶ 1 Peeples, Inc. ("Peeples") appeals from the trial court order affirming the Arizona State Land Department's ("Department") disapproval of its plans of operation under a Mineral Lease (or "Lease"). The plans of operation sought to reprocess the tailings1 left from a former mining operation in an effort to produce additional "leasable minerals"2 from those tailings...

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