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CURNUTTE v. CALLAGHAN

No. 21202.

425 S.E.2d 170 (1992)

188 W.Va. 494

John CURNUTTE and Vicki Nickell, Plaintiffs Below, Appellants, v. David CALLAGHAN, Director, West Virginia Division of Environmental Protection, Defendant Below, Appellee, LYNN BRANCH COAL COMPANY, INC., Intervenor.

Supreme Court of Appeals of West Virginia.

Decided December 14, 1992.

Attorney(s) appearing for the Case

John T. McFerrin, Charleston, for appellants.

Franklin Lash, West Virginia Div. of Environmental Protection, Nitro, for appellee.

Robert G. McLusky, Jackson & Kelly, Charleston, for intervenor.

McHUGH, Chief Justice:

The appellants, John Curnutte and Vicki Nickell, appeal the final order of the Circuit Court of Kanawha County which dismissed their complaint against the appellee, David Callaghan, Director of the Environmental Protection Agency, for failure to state a claim upon which relief can be granted. Lynn Branch Coal Company, Inc. (hereinafter "Lynn Branch") has intervened in these proceedings.

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