American Land Holdings of Indiana, LLC v. Jobe

Dist. Ct. did not err in finding for defendants-landowners in action seeking declaration that plaintiff has right to use strip-mine coal process on defendants' land pursuant to 1903 deed granting plaintiff all coal and mineral rights underlying defendants' land, but restricting plaintiff's ability to extract coal in certain areas of said land. Dist. Ct. could properly find that language in deed was ambiguous with respect to plaintiff's right to use strip-mine coal process and could properly receive extrinsic evidence to conclude that plaintiff's right to extract coal was limited to underground mining process. Ct. also found that rule against perpetuities applied to bar instant right to use strip-mine coal process since plaintiff sought to invoke said right more than 21 years after said right had vested in 1903.