Court Dismisses Takings Case on Eleventh Amendment Grounds: DLX, Inc. v. Commonwealth of Kentucky et al.

The article presents information about the litigation DLX Inc. v. Commonwealth of Kentucky et al. DLX Inc., is the holder of mineral rights in certain land which includes the Lilley Cornea Woods (the Woods), a tract of land owned by the state and maintained by Eastern Kentucky University as a wildlife refuge and research facility. This area is a National Natural Landmark, described by the National Park Service as the only surviving virgin tract of any size in the Cumberland Mountains section of the mixed mesophytic forest, which is characterized by a great variety of tree species. DLX applied for an amendment of its existing permit to mine coal to the Kentucky Natural Resources and Environmental Protection Cabinet because the only remaining coal is either under the Woods or can be accessed only through the land under the Woods. Kentucky law allows an applicant to seek judicial review of a final order. However, instead, DLX filed a state court takings claim, asserting that the denial of a permit to mine under the Woods constituted a regulatory taking in violation of the Kentucky constitution.