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SMITH v. NATURAL RES. & ENVIRON. PROTECTION

712 S.W.2d 951 (1986)

Muriel J. SMITH, Appellant, v. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Commonwealth of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing July 18, 1986.

Attorney(s) appearing for the Case

Thomas J. Fitzgerald, Frankfort, for appellant.

Iris S. Nickell, Frankfort, for appellee.

Before HAYES, C.J., and HOWERTON and McDONALD, JJ.

McDONALD, Judge:

The question in this appeal is whether the Natural Resources and Environmental Protection Cabinet erred in denying a formal administrative hearing to the occupant and co-owner of a home who did not execute a waiver permitting surface coal mining operations within 300 feet of her home. KRS 350.085(3). The hearing was requested by the appellant to review the cabinet's decision not to take inspection and enforcement...

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