1. Home
  2. Browse Decisions
  3. S.W.2d
  4. 528 S.W.2d
  5. 528 S.W.2d 684 (1975)
 

DEPARTMENT FOR NAT. R. & E. PRO. v. NO. 8 LTD. OF VA.

528 S.W.2d 684 (1975)

DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION of the Commonwealth of Kentucky et al., Appellants, v. NO. 8 LIMITED OF VIRGINIA, a Virginia Corporation, Appellee.

Court of Appeals of Kentucky.

May 9, 1975.

Attorney(s) appearing for the Case

Dean Hill Rivkin, Appalachian Research and Defense Fund of Kentucky, Inc., Lexington, John M. Rosenberg, Appalachian Research and Defense Fund of Kentucky, Inc., Prestonsburg, for intervening defendants-appellants, Henry Hurt, J. R. Kelly, Nancy Kelly and Floyd Whitaker.

Ed W. Hancock, Atty. Gen., Commonwealth of Kentucky, David D. Beals, Asst. Atty. Gen., Frankfort, for defendant-appellant, Dept. for Natural Resources and Environmental Protection of the Commonwealth of Kentucky.

Oscar H. Geralds, Jr., Moloney & Moloney, Lexington, for amicus curiae, Sierra Club.

Frederick W. Whiteside, Jr., Lexington, for amicus curiae, League of Women Voters of Kentucky.

Harry M. Caudill, Whitesburg, for amicus curiae, Kentucky Black Lung Ass'n, Citizens' League to Protect the Surface Rights, Floyd County Save Our Land Club, Inc., and Knott County Property Owners Protective Ass'n, Inc.

Bert T. Combs, Tarrant, Combs & Bullitt, Richard W. Iler, Charles R. Simons, Tarrant, Combs & Bullitt, Louisville, for appellee; J. W. Craft, Jr., Hazard, of counsel.

Fred G. Francis, Prestonsburg, Bruce Stephens, Jr., Hazard, for appellee, of counsel.

LUKOWSKY, Justice.

This is an appeal from a judgment of the Franklin Circuit Court which declared KRS 350.060(8) to be unconstitutional and granted appropriate ancillary injunctive relief. We affirm.

The declared purpose of Chapter 350 of the Kentucky Revised Statutes is to provide such regulation and control of the strip mining of coal as to minimize or prevent its injurious effects on the people and resources of the commonwealth. KRS 350.020.

The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases