Alumet v. Bear Lake Grazing Co.

BURNETT, Judge.

These consolidated appeals arise from a long and bitter dispute over a phosphate mining lease in eastern Idaho. We previously examined the controversy in Alumet v. Bear Lake Grazing Co., 112 Idaho 441, 732 P.2d 679 (Ct.App.1986) (Alumet I). There, we held that the controlling question was whether the lessee had satisfied an implied covenant to engage in active mining. On remand, the district court found that the lessee had failed to do so. *981The court adjudged the lessee to be in default and specified the performance necessary to effect a cure. Today we affirm that judgment,…