NATURAL RESOURCES CABINET v. KENTUCKY HARLAN

No. 92-CA-159-MR.

870 S.W.2d 421 (1993)

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellant, v. KENTUCKY HARLAN COAL CO., INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 16, 1994.


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.


GUDGEL, Judge:

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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