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DEPT. FOR NATURAL RESOURCES v. STEARNS COAL

563 S.W.2d 471 (1978)

DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION, Appellant, v. STEARNS COAL AND LUMBER COMPANY, Appellee. STEARNS COAL AND LUMBER COMPANY, Petitioner, v. DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION, Respondent.

Supreme Court of Kentucky.

March 14, 1978.

Attorney(s) appearing for the Case

Alan L. Harrington, Robert Stephens, Atty. Gen., Frankfort, for Department for Natural Resources and Environmental Protection.

Ben B. Fowler and William H. Gorin, Stites, McElwain & Fowler, Frankfort, for Stearns Coal Co.

LUKOWSKY, Justice.

In 1937 Stearns Coal and Lumber Company conveyed to the United States of America the surface estate in a tract of land located within the area designated as the Daniel Boone National Forest. On July 16, 1976, Stearns applied to the Department for Natural Resources and Environmental Protection for a strip mine permit to mine a nineteen acre tract, fifteen acres of which were subject to the 1937 conveyance. The Department denied the application relying...

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