American Druggists' Insurance Co. v. Natural Resources & Environmental Protection Cabinet

COMBS, Judge.

This is an appeal from a Franklin Circuit Court judgment which affirmed the final order of the Natural Resources and Environmental Protection Cabinet. The appellant seeks to avoid forfeiture of $115,-800.00 in surety bonds guaranteeing reclamation of property mined by M & W Sales, Inc. Appellant asserts that the inaction of the appellee in failing to exercise their statutory duty to reclaim the mined property acted as a discharge of appellant’s responsibility as surety. We disagree.

M & W Sales, Inc. received permits from appellee to strip mine land in Leslie and Perry counties.…