Antco, Inc. v. Dodge Fuel Corp.

MeGRAW, Chief Justice:

Appellants, surface owners who claim that mining subsidence damaged their real and personal property, appeal the lower court’s grant of summary judgment in favor of a mining company that mined beneath the appellants’ property. The lower court found that the appellants’ deed contained a valid waiver of subjacent support, and that because of the waiver, the mining company was entitled to allow the surface to subside without any liability for damages to appellants’ property. Because we agree that the deed contained a valid waiver, but find that disputed questions of…