BUCKEYE FOREST COUNCIL, INC. v. DIV. OF MINERAL RESOURCES MANAGEMENT

No. 05-BE-23.

172 Ohio App.3d 440 (2007)

2007-Ohio-965

BUCKEYE FOREST COUNCIL, INC. et al., Appellants, v. DIVISION OF MINERAL RESOURCES MANAGEMENT et al., Appellees.

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

Decided March 5, 2007.


Attorney(s) appearing for the Case

Richard C. Sahli; Gittes & Schulte and Frederick Gittes, for appellant Buckeye Forest Council, Inc.

Britt, Campbell, Nagel & Sprout and John W. Sroat, for appellants Dysart Defenders and Chad Kister.

Mark G. Bonaventura, Holly N. Deeds Martin, and Robert A. Eubanks, Assistant Attorneys General; Linda Wilhelm Osterman, for appellee Division of Mineral Resources Management.

Porter, Wright, Morris & Arthur, L.L.P., Mark S. Stemm, and Robert J. Schmidt; Michael J. Shaheen, for appellee Ohio Valley Coal Company.


DONOFRIO, Judge.

{¶ 1} Appellants, Buckeye Forest Council, Inc., Dysart Defenders, and Chad Kister appeal an administrative decision of the Reclamation Commission ("commission"), affirming the decision of appellee, the Division of Mineral Resources Management, Ohio Department of Natural Resources ("division"), granting intervenor-appellee, the Ohio Valley Coal Company ("OVCC") a permit to mine for coal.

{¶ 2} On January...

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