Evangelinos v. Ohio Division of Reclamation

Gene Donofrio, Judge.

Appellant, Ohio Division of Reclamation, and intervenor-appellant, R & F Coal Company (“intervenor”), appeal on grounds of res judicata an April 20, 1995 decision of the Reclamation Board of Review, wherein the board reversed the decision of appellant and denied intervenor’s application for renewal of a permit to mine coal within three hundred feet of appellees Constantine and Toula Evangelinos’s dwelling, based upon a determination that a recorded waiver attached to appellees’ deed was invalid.

The record reveals that prior to April 21, 1961, the property was owned by…