Court of Appeals of Tennessee, Eastern Section, at Knoxville.https://leagle.com/images/logo.png
June 18, 2008 Session.
July 31, 2008.
Published Pursuant to Tenn. Ct. App. R. 11.
Attorney(s) appearing for the Case
Elizabeth P. McCarter, Senior Counsel, Office of the Attorney General, Environmental Division; Wilson S. Buntin, Assistant Attorney General, Office of the Attorney General, Environmental Division; Michael E. Moore, Solicitor General; and Robert E. Cooper, Jr., Attorney General and Reporter, Nashville, Tennessee, for the appellants, State of Tennessee ex rel. Robert E. Cooper, Jr., in his official capacity as the Attorney General and Reporter of Tennessee, and James H. Fyke, Commissioner of the Tennessee Department of Environment and Conservation.
Frederick L. Hitchcock and Michael J. Stewart, Chattanooga, Tennessee, for the appellee, Lahiere-Hill, L.L.C.
Sarah A. Francisco, Charlottesville, Virginia, and Gregory Buppert, Nashville, Tennessee, for the amici curiae, the Cumberland Trail Conference, the Tennessee Citizens for Wilderness Planning, Save Our Cumberland Mountains, the Sierra Club, the Tennessee Clean Water Network, the Nature Conservancy, the Obed Community Watershed Association, the American Hiking Society, the Tennessee Parks and Greenways Foundation, the Tennessee Forests Council, the Land Trust for Tennessee, the National Parks Conservation Association, Cherokee Forest Voices, and the Tennessee River Gorge Trust.
Court of Appeals of Tennessee, Eastern Section, at Knoxville.
OPINION
CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.
The State of Tennessee ("the state") sued Lahiere-Hill, L.L.C. ("the company"), seeking a declaratory judgment defining the scope of the company's rights with respect to the minerals on several tracts of land in Hamilton County. The state, which owns the surface rights to the land in question, also stated causes of...
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