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Legal Opinion

Franklin v. Natural Resources & Environmental Protection Cabinet

Kentucky Supreme Court

Decided September 6, 1990No. 89-SC-303-DG, 89-SC-583-TG, 89-SC-442-DG and 89-SC-466-TGPublishedCited by 11 opinions

1Opinion of the Court

GANT, Justice.

These four cases involve the strip mining statutes and regulations of the Commonwealth of Kentucky. The court considered these cases together, and oral arguments were heard on the same day because each of the cases is concerned with a regulation of the Natural Resources and Environmental Protection Cabinet of the Commonwealth of Kentucky — viz., 405 KAR 7:090(4), and Chapters 350 and 224 of the Kentucky Revised Statutes. Also, as will appear later herein, each case is concerned with the Kentucky and United States constitutions.

The pertinent regulations provide that, after a…

2Cases cited2 opinions

  1. United States Civil Service Commission v. National Ass'n of Letter CarriersSupreme Court of the United States · 1973
  2. Harrison's Sanitarium, Inc. v. Commonwealth, Department of HealthCourt of Appeals of Kentucky (pre-1976) · 1967

3Cited by11 opinions

  1. Popplewell's Alligator Dock No. 1, Inc. v. CabinetKentucky Supreme Court · 2004
  2. Kentucky Labor Cabinet v. GrahamKentucky Supreme Court · 2001
  3. Commonwealth Natural Resources & Environmental Protection Cabinet v. Kentec Coal Co.Kentucky Supreme Court · 2005
  4. Kentucky Retirement Systems v. LewisKentucky Supreme Court · 2005
  5. White v. ShepherdCourt of Appeals of Kentucky · 1997

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