Daviess County Lawsuit Seeks to Stop Rezoning of Land for Coal Mining

Sep 13, 2012

Five Daviess County residents have filed a lawsuit over a recent decision to allow coal mining on nearly 700 acres of land. The suit targets Daviess County Fiscal Court, the Owensboro Metropolitan Planning Commission, and Western Kentucky Minerals.

Members of the Daviess County Fiscal Court voted unanimously in early August to uphold a decision allowing the rezoning in the Pleasant Ridge community. The Messenger-Inquirer reports the five plaintiffs in the lawsuit say they own property near the 692 acres that would be rezoned.

Those suing say the expanded mining in their neighborhood would negatively impact the quality of life in the area because of “additional traffic, noise, and dust.”

In recommending the rezoning, the Owensboro Metro Planning Commission pointed out the land in question is near 300 acres that is already zoned for coal mining. The lawsuit’s plaintiffs are being represented by Owensboro attorney Kent Overstreet and Thomas FitzGerald of the Kentucky Resources Council. Daviess County attorney Claud Porter says he will file a response to the suit on behalf of Fiscal Court.