HUXOL v. DAVIESS COUNTY FISCAL COURT

NO. 2014-CA-001397-MR.

507 S.W.3d 574 (2016)

Robert HUXOL; David Eggers; Cornelius "Neal" Van Milligan; Curtis Whistle; and Carlin Gregory, Appellants v. DAVIESS COUNTY FISCAL COURT; Owensboro Metropolitan Planning and Zoning Commission; Ruby Jean Hitchcock Revocable Living Trust; Regina Vanover; Clara Thompson Estate; Anna Faye Belcher; Mildred Taylor Johnson Heirs; Lindley K. Taylor; Horrell C. and Minga Trogdlen, Jr.; Dorothy H. Trogdlen and Horrell C. Trogdlen, Sr.; Tilford Thompson; Steve and Karen Diana Thompson; Troy and Marcie Vanover; Shirley G. and Chris Taylor; Glen Yeiser; Western Kentucky Leasing, LLC; Charles and Donna Stewart; and Western Kentucky Minerals, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 9, 2017.


Attorney(s) appearing for the Case

BRIEF FOR APPELLANTS: Kent Overstreet , Owensboro, Kentucky, Thomas Fitzgerald , Frankfort, Kentucky.

BRIEF FOR APPELLEES: Brian L. Haynes , Owensboro, Kentucky.

BEFORE: ACREE, CHIEF JUDGE; D. LAMBERT AND JONES, JUDGES.


OPINION

This is an appeal from the Daviess Circuit Court which upheld the Daviess County Fiscal Court's August 2, 2012 decision to rezone 692 acres of agricultural land for coal mining. After careful review, we affirm.

I. BACKGROUND

Appellee Western Kentucky Minerals, Inc. ("WKM") filed an application...

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