Our Attorneys

Wayne F. Collier

Area of Practice

Wayne concentrates his practice in the areas of civil litigation, real estate, appellate, mineral law (coal and oil and gas) and timber.

A significant portion of Wayne's practice has a common thread — real estate, whether it involves title examinations, title insurance, contracts, conveyancing, closings, resolution of estates, litigation, boundary disputes, quiet title actions, obtaining injunctive relief, trespass to timber and minerals, condemnation, landlord-tenant disputes, both corporate and mineral, encroachments to easements or buying, selling, leasing or developing real estate. As a result, he has frequented many of the courthouses in Central and Eastern Kentucky, both to examine titles and to litigate issues pertaining to them. As litigation often leads to appeals, he has practiced in all appellate courts within Kentucky, both state and federal.

In addition, Wayne has defended insureds in tort and property claims for liability insurers and also defends real estate brokers. He has also represented plaintiffs in tort and malpractice cases. Because legal matters are usually complicated, these cases have involved a wide variety of additional claims and defenses, such as fraud and misrepresentation, insurance bad faith and unfair claims practices, employment issues, administrative procedures, jurisdictional questions and constitutional defenses under the Kentucky and United States Constitutions.

Representative Experience

Has been involved in many actions involving mineral interests where the properties were being actively developed, necessitating injunctive relief in addition to quieting title, resolving boundary and trespass issues, in addition to recovering a variety of damages.
Has represented both landowners and timber companies in all manner of claims and actions involving boundaries, title, trespass and related torts.
Defending realtors and title companies against various claims arising out of problem real estate transactions.
Representing gas pipeline companies in various disputes involving the relocation of gas pipelines, condemnation, royalties, encroachments and title.
Has represented many people who have inherited property and find themselves with problems as to what they have inherited, disputes with other heirs, not to mention the normal range of real estate issues.
Drafting of documentation for individuals and businesses concerning real estate matters, including wills.
Has appeared before local agencies concerning zoning, subdivision and historic overlay matters.
Wayne's practice has often required that decisions be appealed and this work has lead to several reported cases: Doyle v. Marymount Hospital, Inc., 762 S.W.2d 813 (Ky.App. 1988); House v. U.S. Forest Service, U.S. Dept. of Agriculture, 974 F. Supp. 1022 (E.D. Ky. 1997); Kentucky Heartwood, Inc. v. Worthington, 20 F. Supp.2d 1076 (E.D. Ky. 1998); Columbia Gas Transmission Corp. v. Consol of Kentucky, Inc., Ky., 15 S.W.3d 727 (Ky. 2000); Board of Claims of Kentucky v. Banks, 31 S.W.3d 436 (Ky.App. 2000); Hays v. Equitable Energy Resources Co., 266 F.3d 560 (6th Cir. 2001); Hazard Coal Corp. v. Kentucky West Virginia Gas Co., L.L.C., 311 F.3d 733 (6th Cir. 2002); Grubbs ex rel. Grubbs v. Barbourville Family Health Center, P.S.C., 120 S.W.3d 682 (Ky. 2003).

Professional Background

Admitted to bar, 1980, Kentucky; also admitted to practice before the U. S. Supreme Court; U. S. Court of Appeals, Fourth and Sixth Circuits; U. S. District Court, Eastern and Western Districts of Kentucky; U. S. Bankruptcy Court, Eastern District of Kentucky; U. S. Court of Federal Claims; U. S. Tax Court
Member, Kinkead & Stilz, PLLC, Lexington, Kentucky
Member, Kentucky Bar Association (Natural Resources Section)
Member, Fayette County Bar Association
Member, Eastern Mineral Law Foundation
Member, Kentucky Oil & Gas Association
Member, Broadway Christian Church, Lexington, Kentucky
Author: "Timber Trespass in Kentucky," Eastern Mineral Law Foundation, 2007
Author: "Mineral Title Examinations," Kentucky Mineral Law, Banks Baldwin, 1986
Author: "Survey, Criminal Procedure," 68 Kentucky Law Journal 655, 1980
Lecturer: Eastern Mineral Law Foundation, 1999 and 2005
Lecturer: Annual Mineral Law Seminars, University of Kentucky College of Law, 1986 and 1989
Instructor: Legal Writing, University of Kentucky College of Law, 1989-1990

Education

University of Kentucky College of Law (J.D. 1979); Staff, Kentucky Law Journal, 1978-79; Moot Court Board, 1978-79
University of Kentucky (B.A. Economics with high distinction 1976; B.A. English and B.A. Music Theory and Composition, both with high distinction 1977)
Fraternities: Phi Beta Kappa; Phi Kappa Lambda; Phi Eta Sigma