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.
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.