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COGAR v. FAERBER

No. 17646.

371 S.E.2d 321 (1988)

Ernest COGAR, et al. v. Kenneth FAERBER, Commissioner, West Virginia Department of Energy and Spring Ridge Coal Company.

Supreme Court of Appeals of West Virginia.

May 23, 1988.

Attorney(s) appearing for the Case

John McFerrin, Charleston, D. Clinton Gallaher, IV, Fayetteville, for appellants.

Stephen Barcley, Richmond, for appellees.

Ricklin Brown, Bowles, McDavid, Graff & Love, Charleston, Terry D. Reed, Hymes & Coontz, Buckhannon, for intervenor.

McGRAW, Justice:

This is an appeal from a final order of the Circuit Court of Kanawha County affirming the decision of the Reclamation Board of Review approving a modification of Intervenor Spring Ridge Coal Company's Permit No. U-138-83. Under that permit, the Intervenor has operated the Smoot Mine since 1983. The Appellants, residents of the area, object to the modification of the permit to allow new openings to the underground mine because the openings are within...

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