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JOHN GLENN MINING v. DEPT. OF NATURAL RES.

No. 02 CO 4.

152 Ohio App.3d 363 (2003)

2003-Ohio-1886.

JOHN GLENN MINING COMPANY, Appellee, v. OHIO DEPARTMENT OF NATURAL RESOURCES, DIVISION OF MINERAL RESOURCES MANAGEMENT, Appellant.

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

Decided April 7, 2003.

Attorney(s) appearing for the Case

Lawrence Stacey, for appellee.

James Petro, Attorney General, and Robert Eubanks, Assistant Attorney General, Environmental Enforcement Section, Division of Mineral Resources Management, for appellant.

VUKOVICH, Judge.

{¶ 1} Appellant state of Ohio Department of Natural Resources, Division of Mineral Resources Management ("division"), appeals from the orders of the Reclamation Commission ("commission") in regard to the coal mining reclamation performance bond of appellee John Glenn Mining Company ("John Glenn"). The division raises two issues to be decided by this court. First, whether the commission erred in terminating John Glenn's liability despite its finding...

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