Natural Resources & Environmental Protection Cabinet v. Coleman

OPINION

DYCHE, Judge.

The Natural Resources and Environmental Protection Cabinet [hereinafter “the Cabinet”] appeals from a January 29, 1993, judgment of the Martin Circuit Court which reversed that portion of the Cabinet Secretary’s October 19, 1990, order which held James A. Coleman, appellee herein, individually liable, pursuant to KRS 350.990(9), for payment of $4,300.00 in civil penalties assessed for violations of the surface mining laws and regulations.

On August 13, 1986, the Cabinet issued to Best Elkhorn Mining, Inc. [hereinafter “Best Elkhorn”] Permit No. 880-0040 for the purpose of…