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BINGHAM v. NATURAL RES. & ENV. P. CABINET

No. 87-CA-2384-S.

761 S.W.2d 627 (1988)

Steve BINGHAM, Appellant, v. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals November 4, 1988.

Discretionary Review Denied by Supreme Court January 11, 1989.

Attorney(s) appearing for the Case

William R. Penick, Hazard, for appellant.

William O. Field, Natural Resources Cabinet, Office of Gen. Counsel, Frankfort, for appellee.

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

McDONALD, Judge:

Steve Bingham appeals from the summary judgment for the Natural Resources and Environmental Protection Cabinet (the Cabinet) adjudging Bingham liable for a $1,400 civil penalty assessed for his violation of surface mining laws, plus a $5,000 penalty for Bingham's failure to comply with the Cabinet's order imposing the initial penalty. In his appeal, Bingham argues that he was not served with notice of the Cabinet's preliminary hearing, and that any...

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