- 22 - Petitioners also contest respondent’s argument that McIntyre disregarded evidence of comparable minimum royalty obligations in use at the time ERL entered into the lease with JAD. Petitioners restrict their attack on this argument to a challenge of respondent’s expert’s ability to appreciate the nature and quality of the transaction. Respondent’s argument, however, is convincing. JAD leased a portion of the same property in October 1979 to an independent company. The terms of that agreement required the lessee to pay an annual minimum royalty of just under $25,000. Furthermore, ERL’s manager of mining operations, a person possessing a thorough knowledge of the coal mining industry, testified that the largest minimum royalty with which he was familiar, excluding those in which McIntyre was a party, involved a lease which required an annual minimum royalty of $200,000 on an 80,000-acre tract of land. This witness did, however, attempt to justify the disparity by noting that while ERL’s minimum royalty obligations were considerably higher than the minimum royalty obligations with which he was familiar, they were justified because ERL could defer each payment for up to 30 years. We reject this attempted justification and, based upon the record, conclude that ERL’s minimum royalty obligations were not reasonably comparable to those provided under similar leases in the geographic region. Respondent next argues that petitioners have failed to establish that ERL had an actual and bona fide objective toPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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