COM. EX REL. D. N. R. AND E. P. v. STEPHENS


539 S.W.2d 303 (1976)

COMMONWEALTH of Kentucky ex rel. DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION et al., Appellants, v. Morris STEPHENS et al., Appellees (two cases). Morris STEPHENS et al., Cross-Appellants, v. COMMONWEALTH of Kentucky ex rel. DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION et al., Cross-Appellees.

Supreme Court of Kentucky.

July 2, 1976.


Attorney(s) appearing for the Case

Robert F. Stephens, Atty. Gen., Frankfort, R. Lee Armbruster, Special Asst. Atty. Gen., George L. Seay, Jr., Dept. N. R., Frankfort, for appellants and cross-appellees.

Homer W. Ramsey, Whitley City, J.B. Johnson, Sr., Williamsburg, for appellees and cross-appellants Morris Stephens and Tombstone Junction Enterprises.

A. Robert Doll, Ronald D. Ray, Greenebaum, Doll, Matthews & Boone, Louisville, Lively M. Wilson, Winfrey P. Blackburn, Jr., Stites, McElwain & Fowler, Louisville, J. T. Begley, Lexington, for amicus curiae.


STERNBERG, Justice.

The appeal of these three consolidated cases evidences a running dispute between the Kentucky Department for Natural Resources and Environmental Protection (the Commonwealth) and the landowners concerning rights to property within the Wild Rivers area of the Cumberland River. All of the issues can logically be disposed of in this one opinion, and they will be so handled. The appellants will be referred to as the Commonwealth and the appellees will...

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