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DEPARTMENT OF NATURAL RESOURCES v. ADKINS

No. 2012-CA-001310-MR.

DEPARTMENT OF NATURAL RESOURCES, KENTUCKY ENERGY AND ENVIRONMENT CABINET, Appellants, v. BERTHA ADKINS, AND OTHER PLAINTIFFS; ROBERT GREGORY STAPLETON, INDIVIDUALLY; AND ROBERT GREGORY STAPLETON, AGENT OF THE DIVISION OF MINE RECLAMATION AND ENFORCEMENT, Appellees.

Court of Appeals of Kentucky.

Rendered: October 4, 2013.

Attorney(s) appearing for the Case

Tamara J. Patrick , Lance C. Huffman , Jacquelyn A. Quarles , Frankfort, Kentucky, BRIEFS FOR APPELLANTS.

Tamara J. Patrick , Frankfort, Kentucky, ORAL ARGUMENT FOR APPELLANTS.

Ned Pillersdorf , Prestonsburg, Kentucky, BRIEF FOR APPELLEES.

Ned Pillersdorf , Prestonsburg, Kentucky, ORAL ARGUMENT FOR APPELLEES.

BEFORE: CAPERTON, MAZE, AND THOMPSON, JUDGES.

NOT TO BE PUBLISHED

OPINION

CAPERTON, JUDGE.

The Department of Natural Resources, Kentucky Energy and Environment Cabinet (hereinafter the "Cabinet") appeals from the denial of its motion to dismiss the complaint filed by Appellees below on grounds of sovereign and governmental immunity. The complaint alleged that the Cabinet failed to enforce surface mining laws at a nearby surface mine, thereby contributing to property damage sustained in a 2010...

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