Sturgeon Mining Co. v. Whymore Coal Co.

SPAIN, Justice.

Sturgeon Mining Company, Inc., petitions this court to reverse an order of interlocutory relief entered by the Court of Appeals pursuant to Rule 65.07.

Briefly, the facts are as follows: As the result of a complaint from the Department of Highways, the Natural Resources and Environmental Protection Cabinet (hereinafter “Natural Resources”) issued two Notices of Non-Compliance which cited Sturgeon with violations of 405 KAR 7:040 in its mining operations and required it to perform remedial measures for damage to a state highway and to a county road. An action for a declaration of…