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TRANSP. CABINET v. CITY OF CAMPBELLSVILLE

740 S.W.2d 162 (1987)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. CITY OF CAMPBELLSVILLE, Kentucky, and Natural Resources and Environmental Protection Cabinet, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 9, 1987.

Discretionary Review Denied by Supreme Court December 9, 1987.

Attorney(s) appearing for the Case

David W. McLellan, Jr., Office of Gen. Counsel, Transp. Cabinet, Frankfort, for appellant.

Fred Faulkner, Jr., Phil A. Bertram, Campbellsville, for appellee/City of Campbellsville.

Robert J. Ehrler, Sarah Orrahood Hernandez, Office of Gen. Counsel, Natural Resources and Environmental Protection Cabinet, Frankfort, for appellee/NREPC.

Before HOWERTON, C.J., and MILLER and REYNOLDS, JJ.

MILLER, Judge.

The Commonwealth of Kentucky, Transportation Cabinet, Department of Highways (Transportation Cabinet), brings this appeal from an order of the Taylor Circuit Court dismissing its petition on appeal from an administrative agency's order. Kentucky Revised Statutes (KRS) 151.186. The appeal was dismissed as being untimely.

The origin of this controversy surrounded the repair and maintenance of the Campbellsville Reservoir Dam. On May 30, 1986,...

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