May Owner of Mineral Rights in Brush Creek Wildlife Area Strip-Mine for Coal?

Ronald Snyder et al. v. Ohio Department of Natural Resources et al., Case No. 2012-1723

Seventh District Court of Appeals (Jefferson County)

ISSUES:

- When the state acquires property but the deed allows the original owner to reserve the property's mineral rights, is the owner of the mineral rights permitted, based on the language in the deed, to mine for coal using "reasonable" surface and auger mining methods?

- May the courts consider outside evidence to determine whether a deed granting mineral rights and reasonable surface right privileges includes the right to extract coal using surface and auger mining?

- Is the interpretation of the deed in this case a question of fact that a court cannot rule on by summary judgment, if the evidence presents "a genuine dispute of material fact" on the issue?