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DOOCHIN v. RACKLEY

610 S.W.2d 715 (1981)

Julius DOOCHIN, Alan Doochin, and Ben Doochin, Comprising a Partnership known as Jab Co.; Judo Mining Co., Plaintiffs-Appellants, v. Donald RACKLEY, V.W. Hamby, Katherine O'Dell, Vivian Thompson, Hiwassee Land Company, Floyd Myers, Honorable Ann R. Tuck, Commissioner, Tennessee Department of Conservation, Otis I. Parker, Steven E. Roberts, Dale Studer, Dr. Ralph Ross, Dr. Eugene Fowinkle, Constituting the Board of Reclamation Review of the State of Tennessee; Honorable William M. Leech, Jr., Attorney General of the State of Tennessee, Defendants-Appellees.

Supreme Court of Tennessee.

January 12, 1981.

Attorney(s) appearing for the Case

Valerius Sanford, Joel M. Leeman, Gullett, Sanford & Robinson, Nashville, for plaintiffs-appellants.

Dean Hill Rivkin, Knoxville, for defendants-appellees Rackley, Hamby, O'Dell, Thompson and Myers.

Claudius C. Smith, Asst. Atty. Gen., Nashville, for defendants-appellees Tuck, Parker, Roberts, Studer, Ross, Fowinkle and Leech.

George M. Derryberry, Miller & Martin, Chattanooga, for defendant-appellee Hiwassee Land Company.

OPINION

BROCK, Chief Justice.

The facts in this case are not disputed and the sole issue is the constitutionality of Chapter 164 of the Tennessee Public Acts of 1977, codified at T.C.A. §§ 64-511 (Supp. 1980) and 58-1544(a)(6)(B) (Supp. 1979). The second of these code sections has been repealed by the Tennessee Coal Surface Mining Law of 1980, enacted subsequent to the proceedings below.1 See Ch. 908, 1980 Tenn...

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