Old Ben Coal Co. v. Department of Mines and Minerals

562 N.E.2d 1202 (1990)

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Old Ben Coal Co. v. Department of Mines and Minerals

Illinois Appellate Court
562 N.E.2d 1202 (1990)

MJ

Facts

The Old Ben Coal Company (Old Ben) (plaintiff) sought a mining permit. The Illinois Department of Mines and Minerals (IDMM) (defendant) granted the permit, subject to several conditions. Old Ben sued the IDMM, claiming the imposition of the conditions to be invalid. One of those conditions imposed a duty to repair structures damaged by subsidence. Old Ben was planning to engage in longwall mining, a form of mining that relied on planned subsidence. Under Illinois law, coal operators had to adopt measures to prevent subsidence damage. But there was also an exception for technologies involving planned subsidence. Old Ben claimed that because of this exception, the IDMM could not impose a duty to repair subsidence damage. Old Ben also argued that the imposition of the duty to repair would constitute a taking and impair its contract rights. The trial court disagreed, and Old Ben appealed.

Rule of Law

Issue

Holding and Reasoning (Rarick, J.)

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