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DIRECTOR, W. VA. DEPT. OF NAT. RES. v. GWINN

No. 19904.

408 S.E.2d 21 (1991)

DIRECTOR, WEST VIRGINIA DEPARTMENT OF NATURAL RESOURCES, Plaintiff Below, Appellee, v. Phillip J. GWINN, Defendant Below, Appellant. TRI-COUNTY CITIZENS FOR IRISH MOUNTAINS, et al., Appellees, v. Phillip J. GWINN, Appellant, and State Water Resources Board, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1991.

Rehearing Denied September 5, 1991.

Attorney(s) appearing for the Case

James G. Anderson, III, John F. Parkulo, Anderson & Associates, L.C., Beckley, for appellant.

Maria M. Fakadej, Asst. Atty. Gen., Charleston, for appellee, Director, W.Va. Dept. of Natural Resources.

Robert J. Shostak, Sowash, Carson & Shostak, Athens, Ohio, and Patrick C. McGinley, Morgantown, for appellees, Tri-County Citizens for Irish Mountains, et al.

Joanna Tabit, Sr. Asst. Atty. Gen., Charleston, for intervenor, State Water Resources Bd.

BROTHERTON, Justice:

This case involves a petition for appeal by Phillip J. Gwinn, the appellant, from the July 23, 1990, order of the Circuit Court of Kanawha County, which reversed and remanded the November 28, 1989, order of the Water Resources Board.

In 1987, Phillip Gwinn submitted an application to the Department of Natural Resources (DNR) for a Class B landfill to be located in Summers County on property owned by Gwinn. On July 23, 1987, the DNR approved...

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