Rocking M. Ranch, Inc. v. Sahara Coal Co.

PRESIDING JUSTICE RARICK

delivered the opinion of the court:

Plaintiff, Rocking M. Ranch, Inc., brought this action in the circuit court of Saline County to recover damages to grazing and cropland which had subsided in the early 1980’s as a result of the defendant’s mining activities. Sahara Coal had purchased the mineral rights under the plaintiffs property in 1920 from one of the plaintiffs predecessors in title, and the deed contained a clause relieving the mineral estate owner of any duty to provide subjacent support or any liability for subsidence damage. The defendant filed a motion for…