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SOUTHERN COAL CORP. v. ENERGY & ENV CABINET

No. 2010-SC-000029-DG.

396 S.W.3d 804 (2013)

KENTUCKY SOUTHERN COAL CORPORATION, Appellant v. KENTUCKY ENERGY AND ENVIRONMENT CABINET (Formerly the Environmental and Public Protection Cabinet), Appellee.

Supreme Court of Kentucky.

April 25, 2013.

Attorney(s) appearing for the Case

Sam Preston Burchett , Lexington, KY, counsel for appellant.

Tamara Janell Patrick , Office of General Counsel, Frankfort, KY, counsel for appellee.

Opinion of the Court by Chief Justice MINTON.

The Kentucky Energy and Environment Cabinet denied Kentucky Southern Coal Corporation's application to renew its surface and underground coal mining permit because a bona fide dispute existed over KSCC's right of entry to 18.1 acres within the permit boundaries. The Court of Appeals affirmed the trial court, which held that the Cabinet properly denied KSCC's renewal application. We agree that a bona fide property dispute...

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