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NATURAL RESOURCES v. J & D COAL CO.

No. 90-CA-2341-MR.

817 S.W.2d 452 (1991)

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellant, v. J & D COAL COMPANY, INC. and Joe Hubbs, Appellees.

Court of Appeals of Kentucky.

Modified and Ordered Published October 25, 1991.

Attorney(s) appearing for the Case

S. Bradford Smock, Dept. of Law, Frankfort, for appellant.

Rudy Yessin, Frankfort, for appellees.

Before CLAYTON, HOWERTON and McDONALD, JJ.

McDONALD, Judge.

The appellees, J & D Coal Company, Inc. and Joe Hubbs, together with Arthur Woodard, filed this action on June 22, 1989, in the Franklin Circuit Court seeking temporary and permanent injunctive relief. In their complaint they alleged that the appellant, Natural Resources and Environmental Protection Cabinet, had improperly denied Woodard a renewal of a mining permit. The basis for the "denial" was alleged to be the designation of J & D Coal...

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