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STAR RUN v. COM., ENVIRONMENTAL CABINET

No. 2008-CA-002187-MR.

350 S.W.3d 1 (2010)

STAR RUN, INC., Appellant, v. COMMONWEALTH of Kentucky ENVIRONMENTAL AND PUBLIC PROTECTION CABINET, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 19, 2011.

Attorney(s) appearing for the Case

Donald Duff , Frankfort, KY, for appellant.

Glina R. Bryant-Lentz , Frankfort, KY, for Appellee.

Before COMBS and MOORE, Judges; LAMBERT, Senior Judge.

OPINION

MOORE, Judge.

Star Run, Inc., appeals from a judgment affirming the final order of the Secretary for the Commonwealth's Environmental and Public Protection Cabinet. We affirm because the circuit court's decision was not clearly erroneous and because there was substantial evidence to support the Hearing Officer's Report.

FACTUAL BACKGROUND

Donna Johnson owned and operated Star Run, Inc., an underground mine in Pike County...

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