James D. FRANKLIN, Movant,
v.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, COMMONWEALTH of KENTUCKY, Respondent. and
Ray M. MAIDEN, Appellant,
v.
COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellee.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, COMMONWEALTH OF KENTUCKY, Movant,
v.
Charlotte FALLAHI (now McLemore), Respondent. and
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET and Carl H. Bradley, Secretary of Natural Resources and Environmental Cabinet, Appellants,
v.
John P. KING and Kip Elkins, d/b/a K & K Coal Company, Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
September 6, 1990.
Rehearing Denied December 27, 1990.
Attorney(s) appearing for the Case
Steve P. Robey, Providence, for movant, James D. Franklin.
Brenda G. Lowe, Dept. of Law, Natural Resources and Environmental Protection Cabinet, Frankfort, for respondent, Natural Resources and Environmental Protection Cabinet, Com. of Kentucky.
David O. Smith, Marcia A. Smith, Corbin, for appellant, Ray Maiden.
J. Alec Mackenzie, Office of General Counsel, Frankfort, for appellee, Natural Resources and Environmental Protection Cabinet, Com. of Kentucky.
Brenda G. Lowe, Elizabeth R. Short, Dept. of Law, Natural Resources and Environmental Protection Cabinet, Frankfort, for movant, Natural Resources and Environmental Protection Cabinet, Com. of Kentucky.
Stephan Charles, Manchester, for respondent, Charlotte Fallahi (Now McLemore).
James L. Dickinson, Atty. Chief, Brenda G. Lowe, Dept. of Law, Frankfort, for appellants, Natural Resources and Environmental Protection Cabinet, et al.
Rudy Yessin, Roland P. Merkel, Frankfort, for appellees, John P. King, An Individual, and Kip Elkins, An Individual, d/b/a K & K Coal Co., A Partnership.
Philip D. McKenzie, P.S.C., Grayson, Thomas D. Heekin, Robert A. Winter, Jr., Taft, Stettinius & Hollister, Ft. Wright, for amicus curiae, Coal Corp. of America, Inc.
Supreme Court of Kentucky.
GANT, Justice.
These four cases involve the strip mining statutes and regulations of the Commonwealth of Kentucky. The court considered these cases together, and oral arguments were heard on the same day because each of the cases is concerned with a regulation of the Natural Resources and Environmental Protection Cabinet of the Commonwealth of Kentucky — viz., 405 KAR 7:090(4), and Chapters 350 and 224 of the Kentucky Revised Statutes. Also, as will appear...
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