KIPLING v. CITY OF WHITE PLAINS

No. 1999-CA-002180-MR.

80 S.W.3d 776 (2001)

Earl C. KIPLING and Mary Kipling, Appellants, v. CITY OF WHITE PLAINS, Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 14, 2002.


Attorney(s) appearing for the Case

Daniel N. Thomas, Hopkinsville, KY, for appellants.

Kenneth W. Humphries, Hopkinsville, KY, for appellee.

Before GUIDUGLI, HUDDLESTON and JOHNSON, Judges.


OPINION

GUIDUGLI, Judge.

Earl C. Kipling and Mary Kipling (the Kiplings) appeal from various orders of the Hopkins Circuit Court which granted an easement across their farm to the City of White Plains (the City) for the purpose of installing a water line. We affirm.

Due to the adverse effects of strip mining operations in Southern Hopkins County some twenty years ago, nineteen households in the Mount Carmel area of the

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