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Environmental: Water Impoundment Permits-Award of Legal Fees
Staff Report//July 27, 2023//
Listen to this articleThe department of natural resources sought review of the state mining commission’s award of legal fees and expenses to landowners who prevailed in litigation regarding water impoundment permits for their properties. The landowners had filed suit to contest the department’s revision of the permits after a mining company created additional impoundments without the landowners’ consent.
Where landowners’ application for legal fees and expenses was untimely after the trial court’s judgment resolved the dispute, the mining commission erred in granting an award.
Judgment is reversed.
State ex rel. Department of Natural Resources v. Fowler Land Company, Inc. (MLW No. 80226/Case No. SC99740 – 10 pages) (Supreme Court of Missouri, Draper, J.) Petition for Review of a Decision of the Missouri Mining Commission. (Timothy P. Duggan, Jefferson City, for appellant) (Jeffrey K. Elnicki, St. Louis, for respondents)
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