COOK v. ENVIRONMENTAL AND PUBLIC PROTECT.

No. 2005-CA-000705-MR.

208 S.W.3d 266 (2006)

Kathy COOK and Rosalie Cooper, Appellants, v. ENVIRONMENTAL AND PUBLIC PROTECTION CABINET, Formerly Natural Resources and Environmental Protection Cabinet; and Nugent Sand Company, Appellees.

Court of Appeals of Kentucky.

November 3, 2006.


Attorney(s) appearing for the Case

Thomas J. FitzGerald, Frankfort, KY, for appellants.

S. Bradford Smock, Frankfort, KY, for appellee Environmental and Public Protection Cabinet.

George L. Seay, Jr., Lesly A.R. Davis, Lexington, KY, for appellee Nugent Sand Company.

Before ABRAMSON and VANMETER, Judges; KNOPF, Senior Judge.


OPINION

VANMETER, Judge.

Kathy Cook and Rosalie Cooper appeal from the Franklin Circuit Court's order affirming the Natural Resources and Environmental Protection Cabinet2 Secretary's order suspending Nugent Sand Company's mining permit and amended permit for failing to adequately address several statutory and regulatory requirements in its applications. Appellants argue that the secretary did not have the authority to...

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