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HENDRICKS v. STALNAKER

No. 18489.

380 S.E.2d 198 (1989)

Harry L. HENDRICKS and Mary Hendricks, His Wife v. Walter S. STALNAKER.

Supreme Court of Appeals of West Virginia.

April 6, 1989.

Attorney(s) appearing for the Case

James C. West, Jr., Kathryn A. Kersting, and Jones, Williams, West & Jones, Clarksburg, for Walter S. Stalnaker.

Robert M. Morris, Weston, for Harry L. Hendricks and Mary Hendricks, his wife.

NEELY, Justice:

Walter S. Stalnaker, defendant below, appeals from a decision by the Circuit Court of Lewis County declaring a water well drilled on his property to be a private nuisance to Harry L. Hendricks and Mary Hendricks, plaintiffs below. The Hendrickses, owners of the property adjacent to that of Mr. Stalnaker, were refused a Health Department permit for a septic system located within 100 feet of Mr. Stalnaker's water well. The Circuit Court of Lewis County...

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