1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 443 S.E.2d
  5. 443 S.E.2d 602 (1994)
 

FRANCIS O. DAY CO. v. DIRECTOR, D.E.P.

Nos. 21916, 21917.

443 S.E.2d 602 (1994)

191 W.Va. 602

FRANCIS O. DAY CO., INC., Appellee, v. DIRECTOR, DIVISION OF ENVIRONMENTAL PROTECTION OF the WEST VIRGINIA DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES, Appellee Below, Appellant, Murall Limited Partnership, a West Virginia Limited Partnership; the Berkeley County Public Service District, a Municipal Corporation; Elmer Vickers, Mary Catherine Vickers, Emmett Moler, Jr., Florence Moler, Individuals; and Citizens Against the Quarry, a Not-For-Profit Organization, Intervenors Below, Appellants, Elmer Vickers, Mary Catherine Vickers, Emmett Moler, Jr., Florence Moler, Individuals; and Citizens Against the Quarry, a Not-For-Profit Organization, Intervenors Below, Sandra Shade; James and Betty Hunter; Gary and Gloria Willis, and the Board of Trustees of the University of West Virginia System, Intervenors Below, Board of Trustees of the University of West Virginia System, Intervenor Below, Jefferson County League of Women Voters; City of Martinsburg; Eastern Panhandle Regional Planning and Development Council — Region 9; Potomac Audubon Society; Bob Wise, United States Representative, 2nd District; Sondra Moore Lucht, Senator, 16th District; Dale Manuel, Delegate, 40th District; Vicki Douglas, Delegate, 37th District; County Commission of Berkeley County, Intervenors.

Supreme Court of Appeals of West Virginia.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Charles R. McElwee, Christopher B. Power, David L. Yaussy, Robinson & McElwee, Charleston, for Francis O. Day Co., appellee.

Susan R. Snowden, Paul B. Weiss, Martin & Seiberet, Martinsburg, for Murall Ltd. Partnership, et al., intervenors.

Brentz H. Thompson, Sr. Asst. Atty. Gen., Charleston, for Bd. of Trustees of the University of West Virginia System, intervenor.

William E. Adams, Jr., Deputy Atty. Gen., Shirley A. Skaggs, Sr. Asst. Atty. Gen., Charleston, for Director, Div. of Environmental Protection, appellant.

James Randall Rhodes, Braun Hamstead, Hamstead & Associates, Charles Town, for Sandra Shade, et al., intervenors.

David A Camilletti, Shepherdstown, for the Jefferson County League of Women Voters, et al., intervenors.

BROTHERTON, Chief Justice:

The appellant, the Division of Environmental Protection of the West Virginia Department of Commerce, Labor and Environmental Resources (hereinafter referred to as "DEP") appeals from an August 4, 1993, ruling of the Circuit Court of Kanawha County which reversed the DEP Director's decision to deny a surface mining permit to the appellee, Francis O. Day Co., Inc. (hereinafter referred to as "Day").

In January, 1989, Day applied for...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases