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DUFF v. MORGANTOWN ENERGY ASSOCIATES

No. 20647.

421 S.E.2d 253 (1992)

187 W.Va. 712

William B. DUFF and Leda Duff, et al., Plaintiffs Below, Appellees, v. MORGANTOWN ENERGY ASSOCIATES (M.E.A.), a West Virginia Partnership, et al., and Anker Energy Corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided July 20, 1992.

Attorney(s) appearing for the Case

M. Blane Michael, James R. Snyder, W.T. Shaffer, Jackson & Kelly, Charleston, for appellant, MEA.

John Tinney, Carl L. Fletcher, Jr., Spilman, Thomas, Battle & Klostermeyer, Charleston, for appellant, Anker Energy Corp.

William F. Byrne, Allan N. Karlin, Charles R. DiSalvo, Jeff L. Lewin, Morgantown, for appellees.

Robert Digges, Jr., ATA Litigation Center, Alexandria, Va., amicus brief of West Virginia Motor Truck Ass'n, Inc.

Joanna I. Tabit, Mario J. Palumbo, Office of Atty. Gen., Charleston, amicus brief of West Virginia Public Energy Authority.

Neil A. Reed, Kingwood, amicus brief of Tri-State Coal Operators Ass'n, Inc.

PER CURIAM:

Morgantown Energy Associates, Mid-Atlantic Energy Company, Dominion Cogen, WV, Inc., Hickory Power Corporation (hereinafter collectively "MEA"), and Anker Energy Corporation (Anker) appeal the order of the Circuit Court of Monongahela County which found that the trucking method proposed by MEA to transport materials to and from its cogeneration power plant facility constitutes both a public and private nuisance...

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