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<br />I <br />In 1991 Wyoming Fuel Company was renamed Basin <br />Resources, Incl <br />After the mine closed homeowners noticed damage to their <br />residence. Subsequent investigations indicated the damages were <br />attributable to ,subsidence in the Golden Eagle Mine's workings, <br />and, in 1992, homeowners filed suit against Basin. They alleged <br />various claims, including breach of contract, subsidence damage to <br />their property, land damage caused by the construction of a <br />ventilation shaft. Homeowners did not allege any future damages <br />and did not request compensation for any possible prospective <br />injury. Homeowners made certain repairs to their residence while <br />the civil action was pending. <br />After a bench trial, the trial court found in favor of <br />homeowners and in December 1997 awarded them damages of <br />$48,000 based on diminution of property value due to subsidence <br />damage. Basin satisfied the judgment and did not appeal the <br />award. <br />Over the next three years homeowners did not detect any <br />" , - additional damage to the Solitario Ranch property. However, in <br />2 <br />