Doochin v. Rackley

OPINION

BROCK, Chief Justice.

The facts in this case are not disputed and the sole issue is the constitutionality of Chapter 164 of the Tennessee Public Acts of 1977, codified at T.C.A. §§ 64-511 (Supp. 1980) and 58-1544(a)(6)(B) (Supp.1979). The second of these code sections has been repealed by the Tennessee Coal Surface Mining Law of 1980, enacted subsequent to the proceedings below. 1 See Ch. 908, 1980 Tenn.Public Acts, codified at T.C.A. § 59-8-301, et seq. (Supp.1980). Since the comparable provision of the 1980 Act has the same effect, we intend for this decision to encompass it as well.…