Laserfiche WebLink
4. The parties agree that the owner of a mineral right may go upon and use the surface <br />land overlaying the mineral right to construct a ventilation shaft needed in the mineral <br />extraction operation, and that the mineral right owner must reasonably compensate the land <br />owner fot any property taken, rendered unusable, or for surface disturbance resulting from <br />mining operations. Here, defendant's construction and use of the ventilation shaft resulted in <br />surface disturbance to plaintiffs' property. <br />5. The measure of damages ordinarily applied to situations where damage is caused to <br />real property of another is the market value before and after the injury; i.e., the diminution of <br />value. <br />6. An appropriate remedy for breach of contract is to order the specific performance of <br />its terms and, if damages have resulted, to award actual damages. <br />7: Atrial court may award reasonable attorney fees if it determines that an action lacks <br />substantial justification. A claim Lacks substantial justification if it is "substantially frivolous, <br />substantially groundless, or substantially vexatious". <br />JUDGMENT AND ORDER <br />ACCORDINGLY, based upon the foregoing Findings of Fact and Conclusions of Law, <br />Judgment is entered in favor of Plaintiffs, James Tatum and Ann Tatum, and against Basin <br />Resources, Inc., as follows: <br />1) Basin Resources, Inc. shall forthwith consult with, and cooperate with Plaintiffs, <br />James Tatum and Ann Tatum, to complete the orderly application and use of their exchange of <br />Maxwell Ditch water, including communication with appropriate state water officials of this <br />judgment and order. <br />2) Judgment is entered in favor of James Tatum and Ann Tatum, and against Basin <br />Resources, Inc. as follows: <br />a. Compensatory damages for loss of water for four irrigating seasons in the <br />amount ofTHIRTY-TWO THOUSAND DOLLARS (532,000.QO). <br />b. Compensatory damages for diminution of the value of their residence as a <br />result of subsidence damage, FORTY-EIGfiT THOUSAND DOLLARS (548,000.00), <br />