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HILLTOP BASIC RESOURCES v. COUNTY OF BOONE

No. 2003-SC-1052-DG, 2004-SC-0003-DG.

180 S.W.3d 464 (2005)

HILLTOP BASIC RESOURCES, INC.; Addison G. Stevens; Myrna Stevens; Rodney Woods; Sandra Woods; Donald Gene Hodges; Niki Carol Hodges; Rosalie Kippler; William E. Kippler; Wanda Kippler; Carl Taber; and Cynthia Taber, Appellants/Cross-Appellees, v. COUNTY OF BOONE, Kentucky; Boone County Fiscal Court, Appellees/Cross-Appellants.

Supreme Court of Kentucky.

December 22, 2005.

Attorney(s) appearing for the Case

Wm. T. Robinson III, Luann Devine, Covington, Paul B. Whitty, Louisville, for Appellants.

Jeffrey C. Mando, Mary Ann Stewart, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, for Appellees.

GRAVES, Justice.

Both Appellants, Hilltop Basic Resources, Inc., et. al. [hereinafter "Hilltop"], and Appellees, County of Boone, Kentucky, et. al. [hereinafter "Boone County"], appeal a Court of Appeals order vacating and remanding a judgment of the Boone Circuit Court. This Court granted discretionary review, and we now reverse the Court of Appeals and remand the matter for further consideration.

Hilltop sought to mine underground limestone in a rural area...

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