U. S. MIN. & EXPLOR., ETC. v. CITY OF BEATTYVILLE


548 S.W.2d 833 (1977)

U. S. MINING AND EXPLORATION NATURAL RESOURCES CO., INC., Appellant, v. CITY OF BEATTYVILLE et al., Appellees.

Supreme Court of Kentucky.

March 11, 1977.


Attorney(s) appearing for the Case

Kendall Robinson, Booneville, for appellant.

Rose & Short, Beattyville, for appellees.


LUKOWSKY, Justice.

The issue to be resolved in this case is whether a city may within its corporation limits prohibit the construction and operation of a coal tipple. This is not a zoning case. The procedures delineated in KRS 100 et seq., for enacting zoning regulations were not followed by the city. Rather the city has attempted to outlaw coal tipples under its general police power.

The ordinance under consideration...

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