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ZIRKLE v. FAERBER

No. 17200.

350 S.E.2d 3 (1986)

Elbert and Rosetta ZIRKLE v. Kenneth FAERBER, Commr., WV Dept. of Energy and Enoxy Coal, Inc.

Supreme Court of Appeals of West Virginia.

Decided October 28, 1986.

Attorney(s) appearing for the Case

John C. Purbaugh, WVA Legal Services Plan, John McFerrin, APPALRED, Charleston, for petitioners.

Steve Barcley, Asst. Atty. Gen., Charleston, for respondents.

NEELY, Justice:

The petitioners brought this original mandamus proceeding to compel the Commissioner of the Department of Energy to permit them to comment on a proposed surface mining plan. The petitioners own and occupy approximately 172 acres on the Right Fork of Tenmile Creek of the Buckhannon River in Upshur County. Enoxy Coal, Inc. is the holder by lease of mining rights to over 700 acres in the basin of Right Fork of Tenmile Creek of the Buckhannon River, including...

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