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JOHNSON v. ENV. AND PUB. PROTECTION CABINET

No. 2008-CA-000151-MR.

289 S.W.3d 216 (2009)

Benjamin JOHNSON; Amy Ann Johnson; and Hobart C. Johnson, Appellants v. ENVIRONMENTAL AND PUBLIC PROTECTION CABINET, and Premier Elkhorn Coal Company, Appellees.

Court of Appeals of Kentucky.

As Modified May 29, 2009.

Ordered Published July 2, 2009.

Attorney(s) appearing for the Case

Lawrence R. Webster, Pikeville, KY, for appellants.

Tamara J. Patrick, Frankfort, KY, for appellee Environmental and Public Protection Cabinet.

Charles J. Baird, Pikeville, KY, for appellee Premier Elkhorn Coal Company.

Before DIXON and MOORE, Judges; KNOPF, Senior Judge.

OPINION

DIXON, Judge.

Appellants, Benjamin Johnson, Amy Johnson and Hobart Johnson, appeal from an opinion and order of the Franklin Circuit Court affirming a final order of Appellee, the Environmental and Public Protection Cabinet, ("Cabinet") granting a mine permit to Appellee, Premier Elkhorn Coal Company, ("Premier Elkhorn"). Finding no error, we affirm.

Premier Elkhorn is the holder of Permit 898-0862, which was issued by the Cabinet...

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