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SHEWMAKER v. COM.

No. 1999-CA-001472-MR.

30 S.W.3d 807 (2000)

Charles Curtiss SHEWMAKER, Appellant, v. COMMONWEALTH of Kentucky, Natural Resources & Environmental Protection Cabinet, Appellee.

Court of Appeals of Kentucky.

September 22, 2000.

Attorney(s) appearing for the Case

Mary Ann Kiwala, Louisville, for Appellant.

Wendell H. Overcash, Frankfort, for Appellee.

BEFORE: BUCKINGHAM, KNOPF, and SCHRODER, Judges.

OPINION

SCHRODER, Judge:

This is an appeal from an order dismissing an appeal of a decision of the Natural Resources and Environmental Protection Cabinet (the "Cabinet") on grounds of lack of jurisdiction. At issue in this case is the conflict between KRS 151.186(1) and KRS 224.10-470(1)—whether appeals from decisions of the Cabinet should be brought in the Franklin Circuit Court or the circuit court of the county wherein the activity is located...

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