Griffie v. Natural Resources & Environmental Protection Cabinet

HAYES, Judge:

These two appeals were orally argued to this Court on the same date. Because they share a factual similarity which is disposi-tive, we render one consolidated opinion.

Both cases were abated by this Court pending the Kentucky Supreme Court’s ruling in Franklin v. Natural Resources and Environmental Protection Cabinet, Commonwealth of Kentucky, Ky., 799 S.W.2d 1 (1990). After Franklin was rendered, the cases were reactivated, and all parties were invited to file supple*898mental briefs assessing the impact, if any, of Franklin on their case. After review of all the briefs, and the…