U. S. Mining & Exploration Natural Resources Co. v. City of Beattyville

LUKOWSKY, Justice.

The issue to be resolved in this case is whether a city may within its corporation limits prohibit the construction and operation of a coal tipple. This is not a zoning case. The procedures delineated in KRS 100 et seq., for enacting zoning regulations were not followed by the city. Rather the city has attempted to outlaw coal tipples under its general police power.

The ordinance under consideration states:

WHEREAS, the city of Beattyville, Kentucky, that being the duly elected legislative body of said city and responsible for the general welfare of its city has determined…