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BOWLES v. HOPKINS COUNTY COAL, LLC

No. 2009-CA-001209-MR.

347 S.W.3d 59 (2011)

Beverly Cardwell BOWLES and Donna Faye Cardwell, Appellants, v. HOPKINS COUNTY COAL, LLC; AMCA Coal Leasing, Inc.; Potter Grandchildren's, LLC; and The Heirs, Successors, and Assigns of Kenneth Snarr and Joe Davis, Appellees.

Court of Appeals of Kentucky.

June 24, 2011.

Attorney(s) appearing for the Case

Kenneth W. Humphries (argued), Hopkinsville, KY, for appellants.

Jeff A. Woods (argued), Justin W. Ross , Lexington, KY, for appellee, AMCA Coal Leasing, Inc.

Bryan R. Reynolds , Owensboro, KY, for amicus curiae, Kentucky Oil and Gas Association, Inc.

David H. Thomason , K.T. Williams (argued), Henderson, KY, for appellee, Hopkins County Coal, LLC.

Julia Hawes Gordon , Flem Gordon , Owensboro, KY, for appellees, Potter Grandchildren's, LLC; Kenneth Snarr; and Joe Davis.

Before DIXON and NICKELL, Judges; SHAKE, Senior Judge.

OPINION

SHAKE, Senior Judge:

Beverly Cardwell Bowles and Donna Faye Cardwell ("Appellants") appeal from the February 13, 2009, opinion and judgment, and May 29, 2009, order of the Hopkins Circuit Court. Those judgments relate to certain real property and addressed the validity of a restrictive covenant forbidding surface mining of the property; the use of a water impoundment to reclaim a surface-mined portion of the property; and ownership rights...

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