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ENERGY & ENVIRONMENT CABINET v. ROBINSON

No. 2011-CA-000139-MR.

363 S.W.3d 24 (2012)

ENERGY ENVIRONMENT CABINET, DIVISION OF FORESTRY, Commonwealth of Kentucky, Appellant, v. Nickie D. ROBINSON; Anna Robinson; and Kentucky Board of Claims, Appellees.

Court of Appeals of Kentucky.

March 16, 2012.

Attorney(s) appearing for the Case

Stephen P. Thompson , Frankfort, KY, for appellant.

Melanie Horton Pikeville, KY, for appellees Nickie And Anna Robinson.

No Brief Filed for Appellee the Board of Claims.

Before COMBS, KELLER, and STUMBO, Judges.

OPINION

KELLER, Judge:

The Energy & Environment Cabinet, Division of Forestry of the Commonwealth of Kentucky (the Division), appeals from the circuit court's opinion and judgment remanding this matter to the Board of Claims (the Board) for additional proceedings. On appeal, the Division argues that the Board correctly determined that the Division's acts were discretionary, thus entitling the Division to immunity. In the alternative, the Division...

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