U-Beva Mines v. Toledo Mining Company , 24 Utah 2d 351 ( 1970 )

ELLETT, Justice:

(concurring in the result).

I concur in the result but am not prepared to say that the defendant is entitled to dump sterile rock and thereby cover the plaintiff’s mountain soil under the contract provision which “permits the use of plaintiff’s land as defendant may deem necessary and convenient in connection with its exploration and mining (underground or open pit) operations on adjoining properties.” While only four percent of plaintiff’s land may now be covered, it all may be covered by the end of the lease. This covering of plaintiff’s land seems to me to be a form of “waste,” but because defendant may remove it by or before the expiration of the lease, I am now concurring in the result of the main opinion.