WHITE v. SHEPHERD

No. 95-CA-2777-MR.

940 S.W.2d 909 (1997)

Pascual WHITE; Sarah White; and Whitley Development Corporation, Appellants, v. Phillip J. SHEPHERD, Secretary of the Natural Resources And Environmental Protection Cabinet, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals March 21, 1997.


Attorney(s) appearing for the Case

Frank A. Atkins, Jr., Williamsburg, for appellants.

Ronald P. Mills, Frankfort, for appellee.

Before DYCHE and GUDGEL, JJ., and LESTER, Special Judge.


GUDGEL, Judge:

This is an appeal from an order entered by the Whitley Circuit Court dismissing a verified complaint for a declaration of rights and injunctive relief on the ground that appellants failed to first exhaust their administrative remedies. We perceive no error in the court's ruling. Hence, we affirm.

Between 1978 and 1989, appellant Whitley Development Corporation conducted surface mining operations pursuant...

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