BLACK MOUNTAIN ENERGY v. BELL COUNTY BD. OF EDUC.

Civil Action No. 6:05-655 KKC.

467 F.Supp.2d 715 (2006)

BLACK MOUNTAIN ENERGY CORPORATION, Plaintiff v. BELL COUNTY BOARD OF EDUCATION, Defendant.

United States District Court, E.D. Kentucky, London Division.

December 19, 2006.


Attorney(s) appearing for the Case

James R. Golden, Middlesboro, KY, for Plaintiff.

Larry G. Bryson, Larry G. Bryson, P.S.C., London, KY, Shelli Deshea Dunn Yoakum, Bowling & Johnson, PSC, Middlesboro, KY, for Defendant.


ORDER AND OPINION

CALDWELL, District Judge.

The Plaintiff, Black Mountain Energy Corporation ("Black Mountain"), filed this action for declaratory relief pursuant to 28 U.S.C. § 2201 and KRS § 418.040, seeking a declaration that the Kentucky Perpetuities Act of 1960, codified at KRS § 381.221, is unconstitutional. Pursuant to the Court's scheduling order, both parties have briefed this matter, thus, it is ripe for decision.

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