COM. v. EVANS

No. 1999-SC-0209-DG.

45 S.W.3d 442 (2001)

COMMONWEALTH of Kentucky, Natural Resources and Environmental Protection Cabinet, Appellants, v. Lynn EVANS and Denzil Coleman, Appellees. and Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet, Appellants, v. E & C Coal Company, R & H Mineral Enterprises of Western Kentucky, Inc., and Denzil Coleman, Appellees.

Supreme Court of Kentucky.

January 25, 2001.


Attorney(s) appearing for the Case

Laura Hunter, Tamara J. Patrick, Frankfort, for Appellants.

Donald Duff, Frankfort, for Appellees.


STUMBO, Justice.

This appeal arises from two cases which we have chosen to hear together, based on similarity of issues. The issue underlying both of these cases is whether individual civil penalties can be imposed against shareholders, directors, or agents of a corporation during administrative review, or whether such penalties must await an enforcement action against the corporation in circuit court.

Though the...

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