State Ex Rel. Pryor v. Cupps

The Alabama Surface Mining Commission sued Johnny Cupps, d/b/a Cupps Trucking Company, seeking an injunction to prohibit Cupps from excavating coal in west Jefferson County without a permit. Cupps answered, alleging that he was exempt from the permit requirement. The case proceeded to a bench trial on June 15, 1999.

After hearing two witnesses on behalf of the Commission — Cupps, as an adverse witness, and Dr. Randy Johnson, executive director of the Commission — the circuit judge interrupted the trial, stated that he thought further proceedings would be a waste of the taxpayers' money, and…