Trail Mountain Coal Co. v. Utah Division of State Lands & Forestry

884 P.2d 1265, 251 Utah Adv. Rep. 9, 1994 Utah App. LEXIS 196, 1994 WL 594265
CourtCourt of Appeals of Utah
DecidedOctober 27, 1994
Docket930226-CA
StatusPublished
Cited by6 cases

This text of 884 P.2d 1265 (Trail Mountain Coal Co. v. Utah Division of State Lands & Forestry) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trail Mountain Coal Co. v. Utah Division of State Lands & Forestry, 884 P.2d 1265, 251 Utah Adv. Rep. 9, 1994 Utah App. LEXIS 196, 1994 WL 594265 (Utah Ct. App. 1994).

Opinion

ORME, Associate Presiding Judge:

Plaintiff Trail Mountain Coal Company appeals the trial court’s decision requiring Trail Mountain to pay additional royalties arising from its coal mining lease with the State. We affirm the trial court’s decision in part, reverse in part, and remand for a reevaluation of the amount due.

FACTS

Trail Mountain Coal Company operates an underground coal mine located west of Orangeville, Utah. Part of the mine is on Utah school trust land, 1 from which Trail Mountain has extracted coal pursuant to a State lease agreement. The State lease was initially issued to Malcolm N. McKinnon in 1965, who assigned the lease, with the approval of the Director of the State Land Board (the Director), to Myron F. Fetterolf on July 11,1979. On August 13,1979, Fette-rolf orally assigned the lease to Trail Mountain, at which time he also notified the Director that Trail Mountain would be operating the mine. In a document executed by Fetterolfs estate, the assignment was later reduced to writing. Trail Mountain mined coal from the leased property from 1979 through 1985, submitting all required quarterly Coal Production & Settlement Transmittal forms to the Division of State Lands and Forestry, then known as the Division of State Lands (the Division), and enclosing the state royalty payment it calculated in accordance with the instructions set forth in the forms.

The State lease required the payment of a royalty on all coal mined from the school trust land. According to the language of the lease, the lessee agreed

[t]o pay to Lessor quarterly, on or before the 15th day of the month succeeding each quarter, royalty
(a) at the rate of 15c per ton of 2000 lbs. of coal produced from the leased premises and sold or otherwise disposed of, or
(b) at the rate prevailing at the beginning of the quarter for which payment is being made, for federal lessees of land of similar character under coal leases issued by the United States at that time,
whichever is higher....

Beginning with its first production from the state-leased portion of the mine, apparently in 1979, Trail Mountain paid the Division a fifteen cents per ton royalty, under subsection (a), for the coal it extracted. When the lease was originally issued in 1965, the royalty rate set by the federal government on its coal leases was also fifteen cents per ton. However, in August of 1976, the federal government changed the generally applicable royalty rate on underground coal leases from fifteen cents a ton to eight percent of the value of the coal produced. 2 All *1268 federal underground mining leases thereafter issued or readjusted in Utah, with minor exceptions, contained the new eight percent royalty provision.

Continuously from 1979, the Division received Trad Mountain’s subsection (a) royalty payments without question or protest. Division employees also informed Trail Mountain at various times that the royalty rate was still fifteen cents per ton. However, in 1985 the Division conducted an audit of the royalties received on its various coal leases. As a result of the audit, the Division concluded that Trail Mountain had underpaid its royalties from 1979 through 1984. According to the audit, Trad Mountain should have been paying royalties under subsection (b) of the lease agreement rather than subsection (a), because the prevailing federal rate of eight percent for newly issued leases was higher than the fifteen cents per ton rate.

The Division informed Trad Mountain of the audit results by letter dated October 15, 1985, and also provided it with a copy of the Royalty Audit Report. The report concluded that Trad Mountain had underpaid the required royalties by $3,351,474.75. The report also calculated $1,854,115.69 in interest due on the unpaid amount and assessed a late penalty of $16,606.76. The report based the interest amount on the statutory rate of six percent for the period from November 1, 1979, to June 30, 1981; upon the revised statutory rate of ten percent for the period from July 1, 1981, to November 30, 1982; and upon a regulation adopted by the Board of State Lands in November of 1982, purportedly imposing an eighteen percent rate, for the period from December 1, 1982, to October 15, 1985. The Division assessed the penalty based on a rule it promulgated in December of 1983. As a result of the audit report, the Division requested payment from Trad Mountain of unpaid royalties, interest, and penalties in the total amount of $5,222,-197.20.

Trad Mountain disputed the auditor’s interpretation of the lease and sought a rede-termination of the royalty amount due under the agreement. After exhausting its administrative remedies, Trad Mountain filed the present action to enjoin collection of the claimed royalty amounts. The trial court initiady granted Trad Mountain summary judgment, but the Utah Supreme Court reversed that decision and remanded the case. See Plateau Mining Co. v. Division of State Lands & Forestry, 802 P.2d 720, 732 (Utah 1990). Fodowing a three-day bench trial, the trial court entered judgment for the Division, ruling that Trad Mountain owed the sum of $3,631,615.53 in delinquent royalty payments together with prejudgment interest at the rate of 6% per annum on each dednquent payment, amounting to $2,070,955.93, for a total judgment of $5,702,571.46.

Trad Mountain appeals the trial court’s judgment on various grounds. Its principal claim is that the court erred in interpreting the lease as requiring Trad Mountain to pay an eight percent royalty on the coal mined during the audit period. In the alternative, Trail Mountain argues that even if the lease can be construed to require payment of the higher royalty rate, the trial court erred in ruling that certain royalty claims were not barred by the Statute of Limitations and in fading to adow Trad Mountain to deduct its transportation costs. Finady, Trad Mountain disputes the award and amount of prejudgment interest. 3 The Division cross-appeals, asserting that the trial court should have awarded a higher rate of interest and additional late fees.

ROYALTY PROVISION OF THE LEASE

Trad Mountain argues that the trial court erred in its interpretation of'the lease *1269 agreement. A trial court’s interpretation of an unambiguous contract constitutes a question of law, which we review for correctness. West Valley City v. Majestic Inv. Co., 818 P.2d 1311, 1313 (Utah App.1991); Wilburn v. Interstate Elec., 748 P.2d 582, 585 (Utah App.1988), cert. dismissed, 774 P.2d 1149 (Utah 1989).

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884 P.2d 1265, 251 Utah Adv. Rep. 9, 1994 Utah App. LEXIS 196, 1994 WL 594265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trail-mountain-coal-co-v-utah-division-of-state-lands-forestry-utahctapp-1994.