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COM., DEPT. OF MINES v. MAY BROS., INC.

Record No. 0733-89-3.

396 S.E.2d 695 (1990)

COMMONWEALTH of Virginia, DEPARTMENT OF MINES, MINERALS AND ENERGY, etc. v. MAY BROTHERS, INC.

Court of Appeals of Virginia.

September 25, 1990.

Attorney(s) appearing for the Case

John B. Purcell, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellant.

Leighton S. Houck (Caskie & Frost, Lynchburg, on brief), for appellee.

Associated Gen. Contractors of Virginia, Inc., Associated Builders & Contractors, Inc., Richmond Area Mun. Contractors Ass'n, Virginia Road and Transp. Builders Ass'n, (Catherine C. Hammond; Stephen H. Watts, II; McGuire, Woods, Battle & Booth, Richmond, on brief), amici curiae for appellee.

Present: COLEMAN, DUFF and COLE, JJ.

DUFF, Judge.

The Commonwealth of Virginia, Department of Mines, Minerals and Energy, appeals a decision of the Circuit Court of the City of Lynchburg. The Board of Surface Mining Review (Board) held that May Brothers was engaged in mining without having obtained a state mining license and a surface mining permit. The Circuit Court reversed the Board. We agree with the Circuit Court and affirm.

I.

In 1987, A.C. Coleman and Gustav Stalling purchased...

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