AM. ENERGY CORP. v. DATKULIAK

No. 07 MO 3.

174 Ohio App.3d 398 (2007)

2007-Ohio-7199

AMERICAN ENERGY CORPORATION et al., Appellees, v. DATKULIAK et al., Appellants.

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

Decided December 28, 2007.


Attorney(s) appearing for the Case

Michael Shaheen; and John Jevicky, William Mattes, and Jeffrey Willis, for appellees.

Richard Yoss and Jason Yoss, for appellants Charles and Beverly Datkuliak.

David Detec, urging reversal for amici curiae Ohio Farm Bureau and the Monroe County Farm Bureau.

Paul Gerig and Christian Gerig, urging reversal for amicus curiae Ohio Oil and Gas Association.


VUKOVICH, Judge.

{¶ 1} Defendants-appellants, Charles and Beverly Datkuliak ("the Datkuliaks"), appeal the decision of the Monroe County Common Pleas Court holding that plaintiffs-appellees American Energy Corporation ("AEC") and Consolidated Land Company ("CLC") have the right to mine the Pittsburgh No. 8 vein of coal below the Datkuliaks' property and that the Datkuliaks have to cap and plug their...

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