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SWATZELL v. NAT. RESOURCES & ENVT'L PROTEC.

No. 98-SC-53-DG.

996 S.W.2d 500 (1999)

Hugh David SWATZELL, Appellant, v. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

June 17, 1999.

Attorney(s) appearing for the Case

Donald Duff, Frankfort, KY, for appellant.

Stanley C. Nickell, Natural Resources and Enviromental Protection Cabinet Office of Legal Services, Frankfort, KY, for appellee.

STUMBO, Justice.

Appellant, Hugh David Swatzell, is a surface coal mining permittee from Hopkins County, Kentucky. In August of 1991, the Natural Resources and Environmental Protection Cabinet (hereinafter "Cabinet") issued a "Notice of Non-Compliance and Order for Remedial Measures" to Swatzell alleging violations of several mining regulations for his failure to backfill, grade, retopsoil, and revegetate portions of his 10.8 acre permit area. In September of 1991...

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