Village of Spillertown v. Prewitt

This is an appeal from a decree restraining the defendant, Raymond Prewitt, from removing coal by the stripping method or process within the boundaries of the village of Spillertown. The defendant attacks the validity of the ordinance and raises other constitutional questions.

The village of Spillertown adopted an ordinance on November: 12, 1958, by which it declared the mining of coal by the stripping process to be dangerous and hazardous to the life, limb and property of its citizens, and prohibited strip mining operations within the corporate limits. A fine of not to exceed $200 for each…