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GREENBELT ADVOCATES v. DIV. OF MINERAL RES.

No. 06-BE-45.

176 Ohio App.3d 638 (2008)

2008-Ohio-3238

GREENBELT ADVOCATES et al., Appellants, v. DIVISION OF MINERAL RESOURCES MANAGEMENT, Appellee, et al.

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

Decided June 26, 2008.

Attorney(s) appearing for the Case

Bailey, Riley, Buch & Harman, L.C. and John Preston Bailey, for appellants.

Nancy H. Rogers, Attorney General, and Mark G. Bonaventura and Molly S. Corey, Assistant Attorneys General, for appellee.

Otto A. Jack Jr., for intervenor.

DONOFRIO, Judge.

{¶ 1} Appellant, Greenbelt Advocates, appeals the decision of the Reclamation Commission ("Commission") affirming the decision of the Chief of the Division of Mines and Reclamation ("Chief") denying the Lands Unsuitable Petition ("LUP") filed by the Village of Barnesville and the Warren Township Trustees.

{¶ 2} As a preventative measure, areas of land can be designated unsuitable for coal mining because...

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