United States v. Hubler

117 B.R. 160 (1990)

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United States v. Hubler

United States District Court for the Western District of Pennsylvania
117 B.R. 160 (1990)

MJ

Facts

Harold Hubler and Leon Taylor (defendants) operated a mine as partners. The federal government inspected the mine and found that it was operating within 100 feet of a public road without state approval. The government issued a violation to the mining operation. After the mining operation failed to rectify the issue, the government issued a cessation order that required the operation to obtain a state permit or to reclaim the affected area. Around the same time, Hubler and Taylor filed for bankruptcy, which eventually resulted in a discharge of their debts. The federal government then sued Hubler and Taylor. The government claimed that Hubler and Taylor were required to complete the reclamation of the site and sought an injunction to that effect. Hubler and Taylor denied this argument. The government moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Bloch, J.)

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