Columbia Investment Co. v. M. M. Sundt Construction Co.

MOLLOY, Judge.

This is an appeal from a declaratory judgment holding that a mineral lease issued by the State Land Department in pursuance of A.R.S. § 27-235 for the mining of sand and gravel does not include the right to construct upon the leased premises machinery for the processing of sand arid gravel by washing, screening, crushing and sorting same. The trial court further determined that a lessee under a commercial lease issued by the State Land Department in pursuance of A.R.S. § 37-281 et seq., as to the same land as leased by the mineral lease had the exclusive right as opposed to the…