Phillips v. Fox

McHUGH, Justice:

This is an appeal from the August 24,1993 order of the Circuit Court of Randolph County prohibiting appellant, owner of a severed mineral estate, from conducting surface mining 1 activities on appellees’ surface estate absent an express right to do so. 2 This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel. For the reasons stated below, the order of the circuit court is reversed and this case is remanded.

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Factual and Procedural Background

The parties herein, appellant, Don Phillips, and appellees, Steven and Debra Fox…