Stearns Co. v. United States

OPINION

SMITH, Chief Judge.

Plaintiff has asserted a claim for compensation under the Fifth Amendment to the United States Constitution. Its claim is based upon the operation of § 522(e)(2) of the Surface Mining Control and Reclamation Act of 1977 on plaintiffs subsurface mineral rights in land located in the State of Kentucky. This action is before the court on the parties’ cross-motions for summary judgment, and defendant’s motions to dismiss and to strike the affidavit of plaintiffs mining engineer. At oral argument, the court granted defense counsel’s request to allow the parties to file…