United States Seventh Circuit

In an action seeking a declaration that plaintiff has the right to strip mine coal on defendants' land, and specific performance of an option to purchase the land, judgment in favor of defendants is affirmed as: 1) a conclusion that the deed is ambiguous and the infeasibility of strip mining at the time it was granted allows the ambiguity to resolved in favor of the surface owner is consistent with case law; and 2) plaintiff's claim for specific performance of the option to purchase the defendants' land violates the rule against perpetuities.

Appellate Information

• Argued 03/30/2010
• Decided 05/06/2010
• Published 05/06/2010

Judges

• POSNER, Circuit Judge., Before POSNER, ROVNER, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• G. Daniel Kelley, Attorney, Ice Miller, Indianapolis, IN, for Plaintiffs-Appellants/Cross-Appellees., Jeffrey B. Kolb, Attorney, Emison, Doolittle, Kolb & Roellgen, Vincennes, IN, David F. Mcnamar, Attorney, McNamar & Associates, Indianapolis, IN, for Defendant-Appellee/Cross-Appellant.