Vulcan Construction Materials has filed a lawsuit against the Lexington Board of Adjustment and its individual members demanding that the board issue Vulcan a conditional use permit to do underground limestone mining on property on Elk Lick Falls Road.
Vulcan wants to expand its mining onto a farm in southeastern Fayette County, adjoining the property where it already mines.
At the conclusion of a Feb. 11 hearing, the board voted to deny Vulcan's request.
The mining company went to court to have the ruling overturned.
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The suit charges that the board's decision was based on "erroneous" facts and "irrelevant, immaterial and incompetent evidence." If the court denies its request, Vulcan then wants a new hearing before the board.
The suit filed in Fayette Circuit Court also names Hidden Haven LLC, owner of the property where Vulcan wants to mine, as a defendant in the case.