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HIDDEN VALLEY COAL v. UTAH BD. OF OIL

No. 930073-CA.

866 P.2d 564 (1993)

HIDDEN VALLEY COAL COMPANY, Plaintiff and Appellant, v. UTAH BOARD OF OIL, GAS & MINING and the Utah Division of Oil, Gas & Mining, Defendants and Appellees.

Court of Appeals of Utah.

December 1, 1993.

Attorney(s) appearing for the Case

Denise A. Dragoo (Argued), Fabian & Clendenin, Peter Stirba (Argued), Benson L. Hathaway, Jr., Margaret H. Olson, Stirba & Hathaway, Salt Lake City, for plaintiff and appellant.

Jan Graham, State Atty. Gen., William R. Richards, and Thomas A. Mitchell (Argued), Asst. Attys. Gen., Div. of Oil, Gas & Min., Salt Lake City, for defendants and appellees.

Before BENCH, JACKSON and ORME, JJ.

OPINION

BENCH, Judge:

Hidden Valley Coal Company (Hidden Valley) appeals from the decision of the district court upholding in part the decision of the Utah Board of Oil, Gas & Mining (Board), holding Hidden Valley in violation of certain reclamation standards and imposing civil penalties. We reverse.

FACTS

In 1978, Hidden Valley's affiliate, Soldier Creek Coal Company (Soldier Creek), purchased a mine site located in Emery County, Utah...

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