McDaniel v. McCall

OPINION

FRANKS, Judge.

The principal issue on appeal is whether plaintiff may properly utilize the courts to recover for mining work performed without first obtaining a permit in accordance with T.C.A., § 59-8-205.1

In the summer of 1979, the plaintiff at the direction of Robert Anderson, a mining operator, performed excavation work on lands which Anderson represented as his leasehold. Plaintiff constructed a road into the site and removed the earth covering a vein of coal but discontinued his activities when a reclamation inspector with the Office of Surface Mining issued a cease and desist…