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ENERGY AND ENVIRONMENT CABINET v. SPURLOCK

Nos. 2008-CA-001184-MR, 2008-CA-001275-MR.

308 S.W.3d 221 (2010)

COMMONWEALTH of Kentucky, ENERGY AND ENVIRONMENT CABINET, Formerly Environmental and Public Protection Cabinet, Appellant, v. Vernon SPURLOCK, d/b/a Vernon Spurlock; and War Eagle Coal Company, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 26, 2010.

Attorney(s) appearing for the Case

Maria T. Geisler, Stephen C. Boyd, Frankfort, KY, for appellant.

Donald Duff, Frankfort, KY, for appellee.

Before CAPERTON, THOMPSON, and WINE, Judges.

OPINION

THOMPSON, Judge.

The Commonwealth of Kentucky, Energy and Environment Cabinet (formerly Environmental and Public Protection Cabinet), appeals from two orders of the Clay Circuit Court declaring the Cabinet's final orders entered against Vernon Spurlock d/b/a Vernon Spurlock void based on its interpretation of the Kentucky Supreme Court's decision in Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet v. Kentec...

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