NAT. RES. & ENV. PROT. CAB. v. PINNACLE COAL


729 S.W.2d 438 (1987)

NATURAL RESOURCES & ENVIRONMENTAL PROTECTION CABINET, Movant, v. PINNACLE COAL CORPORATION, Respondent.

Supreme Court of Kentucky.

Rehearing Denied June 11, 1987.


Attorney(s) appearing for the Case

Glenna Jo Curry, Natural Resources & Environmental Protection Cabinet, Frankfort, for movant.

Joseph K. Beasley, Harlan, for respondent.


STEPHENSON, Justice.

The trial court entered a summary judgment upholding an assessment against Pinnacle Coal Corporation for excessive air pollution. The Court of Appeals vacated the judgment of the trial court. We granted discretionary review and affirm the decision of the Court of Appeals.

Natural Resources assessed a civil penalty against Pinnacle for air pollution. The background is not essential to this appeal, as the question involved on appeal is whether...

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