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OOTEN v. FAERBER

No. 18862.

383 S.E.2d 774 (1989)

Elmer OOTEN, Ida Ooten and George Ooten, Plaintiffs-Appellants, v. Kenneth FAERBER, as Commissioner, West Virginia Department of Energy, Defendant-Appellee, And Magnet Coal, Inc., Intervenor.

Supreme Court of Appeals of West Virginia.

July 5, 1989.

Attorney(s) appearing for the Case

John McFerrin, Charleston, for Elmer Ooten and George Ooten.

Steve Barcley, Asst. Atty. Gen., Environment and Energy Div., Charleston, for W.Va. Dept. of Energy.

Robert McLusky, Jackson & Kelly, Charleston, for Magnet Coal, Inc.

McHUGH, Justice:

In this appeal involving a surface-mining permit, the key issue presented is whether there has been compliance with the stated conditions precedent to consideration of the "reinstatement" of the area earlier "deleted" from the surface-mining permit in question. Concluding that there has not been such compliance, we reverse the circuit court's affirmance of the Reclamation Board of Review's decision that there has been such compliance.

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