![]() ![]() LOWER HUTCHINSON MINERALS, LLC Organization InformationĢ121 - Mining, Quarrying, Oil & Gas Extraction - Mining (Except Oil and Gas) - Surface & Underground Coal MiningįILED UPDATED PURPOSE AND OPERATING AGREEMENTįor more information, please contact the Secretary of State's Office at 30. ![]() If information is missing from this page, it is not in the The West Virginia Secretary of State's database. However, we make no representation or warranty as to the correctness or completeness of the information. ![]() NOTICE: The West Virginia Secretary of State's Office makes every reasonable effort to ensure the accuracy of information. While it has been recognized that summary judgment isĭesigned to expedite the disposition of cases and avoid.Home | Login | Print Business Organization Detail The Kentucky Supreme Court further explained this summary judgment standard in Steelvest, Inc. Having considered the record and the law, we affirm the judgment of the Franklin Circuit Court.Ī motion for summary judgment should be granted "if the pleadings, depositions, answers to interrogatories, stipulations, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." CR 56.03. Salviola now appeals to this Court as a matter of right. On October 2, 2019, the court entered an Amended Summary Judgment in the Cabinet's favor and awarded it fines and penalties totaling $1, 420, 460.00. Due to a clerical error in the monetary amount set out in the court's order granting summary judgement, the Cabinet filed a motion to correct the error, which the court granted. The Cabinet subsequently filed a motion for summary judgment which, after a hearing on the In the complaint, the SEC alleged claims that the defendants were engaged in fraudulent and illegal transactions of unregistered securities related to the sale of certain assets to Newlead Holdings, Ltd ('Newlead'). On November 27, 2018, Salviola was served with the Cabinet's complaint, to which she filed an answer. On November 19, 2018, the court set aside default judgment against Salviola and sustained the default judgment against Viking. The trial court subsequently entered a default judgment against both. On June 14, 2018, the Cabinet filed suit in the Franklin Circuit Court against Viking and Salviola seeking enforcement of over one million dollars in fines and fees. Salviola was not named as a party in any of the administrative cases. There is no indication that Viking responded to these charges or the final administrative orders resulting therefrom. These were all the result of administrative hearings held by the Cabinet. Because these attempted permit transfers occurred without the Cabinet's approval pursuant to KRS Chapter 350, between 2014-2018, forty-six final orders were issued by the Cabinet against Appellant attempting to rectify numerous regulatory violations. Attendant to the transfer of Viking were several attempted transfers of its mining permits. Thereafter, she transferred her ownership interest in Viking to a successor entity, Mine Investments, LLC, a subsidiary of NewLead Holdings. On November 1, 2012, Salviola went from being an 80% shareholder of Viking to being the 100% shareholder. Appellee in the present case is the Commonwealth of Kentucky Energy and Environment Cabinet (hereafter "Cabinet"). Viking was a corporate entity holding surface coal mining permits issued pursuant to KRS Chapter 350. This case involves numerous regulatory violations by Appellant, Perian Salviola (hereafter "Salviola"), and Viking Acquisition Group (hereafter "Viking"). West Frankfort, KentuckyīEFORE: CALDWELL, McNEILL, AND TAYLOR, JUDGES. This case involves numerous regulatory violations by Appellant, Perian Salviola (hereafter 'Salviola'), and Viking Acquisition Group (hereafter 'Viking'). Morgan Lexington, KentuckyīRIEF FOR APPELLEE: John S. 18-CI-00611īRIEFS FOR APPELLANT: Billy R. COMMONWEALTH OF KENTUCKY, ENERGY AND ENVIRONMENT CABINET APPELLEEĪPPEAL FROM FRANKLIN CIRCUIT COURT HONORABLE PHILLIP J. ![]()
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