Legal Opinion

M.L. Johnson Family Props., LLC v. Zinke

District Court, E.D. Kentucky

Decided March 21, 2018No. CIVIL NO. 7:16–CV–6–KKCPublished

1Opinion of the Court

KAREN K. CALDWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY

A plot of land known as Tract 46 in Pike County, Kentucky has valuable coal and two owners who cannot agree on how it should be used. One cotenant, Pike-Letcher *1017Land Company ("PLLC"), has conveyed the right to enter and surface mine coal to its affiliate Premier Elkhorn Coal LLC. The other cotenant, M.L. Johnson Family Properties, LLC, has not consented to mining. Over Johnson LLC's objection, Kentucky has granted Elkhorn a right of entry to surface mine Tract 46. Johnson LLC challenged that decision…

2Cases cited41 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  4. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  5. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997

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