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BLACK ENERGY MIN. v. N.R.E.P. CABINET

No. 87-CA-2173-S.

767 S.W.2d 334 (1989)

BLACK ENERGY MINING, INC., Appellant, v. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing April 7, 1989.

Attorney(s) appearing for the Case

B.R. Paxton, Paxton & Kusch, Central City, for appellant.

James L. Dickinson, Natural Resources and Environmental Protection Cabinet, Frankfort, for appellee.

Before HOWERTON, C.J., and GUDGEL and WILHOIT, JJ.

WILHOIT, Judge.

Black Energy Mining, Inc., appeals from a judgment dismissing its petition for review of a final order of the Natural Resources and Environmental Protection Cabinet. The circuit court dismissed the petition on grounds of improper venue.

Black Energy sought a partial release of a performance bond covering an interim surface mining permit. After its request was denied by the cabinet, Black Energy filed...

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