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PAYNE v. NAT. RES. & ENV. PROT. CABINET

No. 86-CA-2972-MR.

746 S.W.2d 90 (1988)

F. Ray PAYNE, Eastern Kentucky Homes, Inc. and Jimmy Payne, Appellants, v. COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellee.

Court of Appeals of Kentucky.

March 4, 1988.

Attorney(s) appearing for the Case

Donald Duff, Frankfort, for appellants.

Charles W. Kurtz, Natural Resources and Environmental Protection Cabinet, Office of General Counsel, Frankfort, for appellee.

Before CLAYTON, COOPER and LESTER, JJ.

COOPER, Judge.

The appellants, F. Ray Payne, Eastern Kentucky Homes, Inc., and Jimmy Payne, appeal from an order of the circuit court permanently enjoining them to take action to reclaim property and abate inherent danger to persons, property and the environment. On appeal, the issues are: 1) whether the relevant surface mining statutes authorize mandatory injunctions to compel an operator to reclaim mined property; 2) whether the Cabinet for Natural Resources and...

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