Attorney(s) appearing for the Case
Karen Harpenau Rippy, Frankfort, for appellant.
Rodney E. Buttermore, Jr., Marye V. Campbell, Harlan, for appellee.
Before EMBERTON, GUDGEL and HOWERTON, JJ.
Court of Appeals of Kentucky.
This is an appeal from a judgment entered by the Harlan Circuit Court concluding that appellant Natural Resources and Environmental Protection Cabinet (cabinet) erred by assessing a regulatory penalty against appellee, the operator of a coal washing plant. The cabinet contends that the trial court erred (1) by concluding that KRS 350.090, KRS 350.028, 405 KAR 18:140, and 405 KAR 1:010(64) are unconstitutionally overbroad and violate appellee's due process...
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