Save Our Little Vermilion Environment, Inc. v. Illinois Cement Co.

Plaintiff, Save Our Little Vermilion Environment, Inc. (SOLVE), a nonprofit corporation, filed a complaint for declaratory and injunctive relief against defendant Illinois Cement Company. SOLVE sought to prevent Illinois Cement from mining limestone on a parcel of land (the property) adjacent to Illinois Cement’s existing quarrying operation. The trial court granted summary judgment in favor of SOLVE, finding that SOLVE’s ownership interest in the “coal and other minerals” underlying the property included the limestone. We reverse.

Facts

The property at issue, consisting of approximately 34…