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LAUREL MOUNTAIN v. COM.

No. 2010-CA-001860-MR.

360 S.W.3d 791 (2012)

LAUREL MOUNTAIN RESOURCES, LLC, As Successor in Interest to Miller Bros. Coal, LLC; and Gene D. Campbell, Appellants, v. COMMONWEALTH of Kentucky, ENERGY AND ENVIRONMENT CABINET; Beverly May; and Floyd County Chapter of Kentuckians for the Commonwealth, Appellees.

Court of Appeals of Kentucky.

February 17, 2012.

Attorney(s) appearing for the Case

Mark R. Overstreet , Frankfort, KY, W. Blaine Early, III (argued), Lexington, KY, for Appellant Laurel Mountain Resources, LLC.

Spencer D. Noe , Donald M. Wakefield , Lexington, KY, Amicus Curiae for the Kentucky Coal Association.

S. Bradford Smock (argued), Office of General Counsel, Frankfort, KY, for Appellee Commonwealth of Kentucky, Energy And Environment Cabinet.

Mary Varson Cromer , Whitesburg, KY, for Appellees Beverly May and Floyd County Chapter of Kentuckians for the Commonwealth.

Steven A. Sanders (argued), Whitesburg, KY, for Appellees Beverly May and Floyd County Chapter of Kentuckians for the Commonwealth.

Before TAYLOR, Chief Judge; CLAYTON, Judge; LAMBERT, Senior Judge.

OPINION

LAMBERT, Senior Judge:

This appeal arises from an order of the Secretary of the Commonwealth of Kentucky, Energy and Environment Cabinet ("the Cabinet") denying a "Lands Unsuitable for Mining" petition filed by Beverly May but nonetheless imposing numerous restrictive conditions on all future surface coal mining in the petition area. The order was affirmed by the Franklin Circuit Court. Appellants Laurel Mountain Resources, LLC (as successor...

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