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Prefecture loses case on non-productive quarry

Date Posted: 2000-12-22

A construction company took Okinawa Prefecture to court after the prefecture refused to return the •49,200,000 the company had paid for the right to establish a quarry to dig for gravel in Ogimi Village in northern Okinawa.

The company had paid the money, but after they started digging, discovered that there was no usable gravel in the area, and the company demanded their money back. The prefecture balked and the company sued.

The Naha District Court ruled in June that the money the company had paid was for the gravel they intended to dig at the quarry, not for property rights or a contract charge. The court said that since there was no gravel to be found, the prefecture had to return the money. The prefecture appealed, but the upper court upheld the lower courtís decision.

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