Legal Opinion
Natural Resources & Environmental Protection Cabinet v. Kentucky Harlan Coal Co.
Court of Appeals of Kentucky
Decided June 18, 1993No. 92-CA-159-MRPublishedCited by 9 opinions
1Opinion of the Court
GUDGEL, Judge:
This is an appeal from a judgment entered by the Harlan Circuit Court concluding that appellant Natural Resources and Environmental Protection Cabinet (cabinet) erred by assessing a regulatory penalty against appel-lee, the operator of a coal washing plant. The cabinet contends that the trial court erred (1) by concluding that KRS 350.090, KRS 350.028, 405 KAR 18:140, and 405 KAR 1:010(64) are unconstitutionally overbroad and violate appellee’s due process guarantees, (2) by concluding that appellee was unconstitutionally deprived of its property in violation of the Fifth…
2Cases cited15 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Yee v. City of EscondidoSupreme Court of the United States · 1992
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3Cited by9 opinions
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- Commonwealth v. Louisville Atlantis Community/Adapt, Inc.Court of Appeals of Kentucky · 1997
- Siding Sales, Inc. v. Warren County Water DistrictCourt of Appeals of Kentucky · 1998
- St. Luke Hospitals, Inc. v. CommonwealthCourt of Appeals of Kentucky · 2005
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