Pittsburg & Midway Coal Mining Co. v. Shepherd

888 F.2d 1533 (1989)

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Pittsburg & Midway Coal Mining Co. v. Shepherd

United States Court of Appeals for the Eleventh Circuit
888 F.2d 1533 (1989)

MJ

Facts

The Pittsburg & Midway Coal Mining Company (Pittsburg) (plaintiff) obtained a mineral interest under several tracts of land. Pittsburg’s interest was based on a 1912 severance deed. J. C. Shepherd (defendant) had the surface rights to the land. Under the 1912 severance deed, Pittsburg had the right to remove minerals from the property. Pittsburg also had the right to use the surface for such removal of coal from the tracts underneath the land or from underneath any other lands. Pittsburg operated mines over several tens of thousands of acres in addition to the relevant property. Pittsburg’s coal pond, necessary to process coal, had become full and could no longer be used. Pittsburg sought to build a new pond on the surface of Shepherd’s property, which was the necessary placement for engineering reasons. This pond used a technology not available at the time the severance deed was executed in 1912. Additionally, the pond would be used to remove coal from nearly all Pittsburg’s operations, not just the minerals under Shepherd’s property. Pittsburg sued Shepherd for an injunction authorizing construction of the pond. The district court agreed with Pittsburg, and Shepherd appealed.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

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