White v. Shepherd

GUDGEL, Judge:

This is an appeal from an order entered by the Whitley Circuit Court dismissing a verified complaint for a declaration of rights and injunctive relief on the ground that appellants failed to first exhaust their administrative remedies. We perceive no error in the court’s ruling. Hence, we affirm.

Between 1978 and 1989, appellant Whitley Development Corporation conducted surface mining operations pursuant to permits issued by the Natural Resources and Environmental Protection Cabinet (cabinet). Performance bonds were posted and, with two exceptions, were subsequently partially…