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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