John M. Barham, Jr. v. Mississippi Power Company

CHAMBERLIN, JUSTICE, DISSENTING:

¶24. The majority declares,

Whether it be an entrepreneur developing a shopping mall, a religious organization erecting a church, a major manufacturer building a plant encompassing multiple acres, or a young couple constructing their dream home, every landowner is protected from the depletion and destruction of the surface of their land and buildings they construct on their land from the adverse affect of surface coal-mining operations.

Maj. Op. ¶ 16. I do not disagree with this lofty declaration. I point out, however, that not one party is arguing that depletion…