Bowles v. HOPKINS COUNTY COAL, LLC

OPINION

SHAKE, Senior Judge:

Beverly Cardwell Bowles and Donna Faye Cardwell (“Appellants”) appeal from the February 13, 2009, opinion and judgment, and May 29, 2009, order of the Hopkins Circuit Court. Those judgments relate to certain real property and addressed the validity of a restrictive covenant forbidding surface mining of the property; the use of a water impoundment to reclaim a surface-mined portion of the property; and ownership rights of the coal bed methane (“CBM”) located within the property. Because we find no error with the trial court’s judgments, we affirm.

In 1924, Eva…