Legal Opinion

M.L. Johnson Family Prop. v. David Bernhardt

Court of Appeals for the Sixth Circuit

Decided May 15, 2019No. 18-5520PublishedCited by 8 opinions

1Opinion of the Court

McKEAGUE, Circuit Judge.

*845 How to use a large plot of land known as "Tract 46" in Pike County, Kentucky has been a point of contention between the plot's joint owners for quite some time. The plot's surface and mineral estates have been severed for a century. Today, the Pike Letcher Land Company and Johnson LLC each own the surface estate as tenants in common. Pike Letcher also owns the entirety of the coal below. It wants to mine for the coal. But Pike Letcher and Johnson don't see eye to eye on how Pike Letcher may use the surface estate to pursue its planned mining activities.

Pike Letcher…

2Cases cited26 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  5. Ratzlaf v. United StatesSupreme Court of the United States · 1994

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3Cited by8 opinions

  1. Tiger Lily, LLC v. HUDCourt of Appeals for the Sixth Circuit · 2021
  2. David Babcock v. Comm'r of Soc. Sec.Court of Appeals for the Sixth Circuit · 2020
  3. Aenergy, S.A. v. Republic of AngolaDistrict Court, S.D. New York · 2020
  4. Juan Sanchez Alvarez v. MarkWayne MullinCourt of Appeals for the Sixth Circuit · 2026
  5. M.L. Johnson Family Properties, LLC v. BernhardtDistrict Court, E.D. Kentucky · 2021

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