Natural Resources & Environmental Protection Cabinet v. J & D Coal Co.

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 Company, Inc. and Hubbs on the renewal application as the contract miner. J & D, of which Hubbs is the president, had previously had…