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SOLID WASTE AUTH. v. DIV. OF NAT. RES.

No. 22778.

462 S.E.2d 349 (1995)

195 W.Va. 1

WETZEL COUNTY SOLID WASTE AUTHORITY, A Public Authority of the State of West Virginia, Robert Phillips, Jean Phillips, Robert Burgess, Helen Burgess, Arnold Smith, Nancy Smith, Orval Sizemore and Flora Sizemore, Petitioners Below, v. WEST VIRGINIA DIVISION OF NATURAL RESOURCES and its Director, J. Edward Hamrick, III; its Division of Waste and Management and Chief Thereof, George Max Robertson; and Lackawanna Transport Company, a Pennsylvania Corporation, and West Virginia Division of Environmental Protection, and its Director, David Callaghan; and Pasquale N. Mascaro, President and Owner of Lackawanna Transport Company, Respondents Below.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1995.

Attorney(s) appearing for the Case

Larry Harless, Charleston, for petitioners below.

Logan Hassig, Timothy E. Haught, Wendy E. Greve, Snyder & Hassig, New Martinsville, William F. Fox, Jr., Harleysville, for Lackawanna Transport and Pasquale N. Mascaro.

Darrell V. McGraw, Jr., Attorney General, David L. Lahr, Assistant Attorney General, Environmental & Energy Division, Charleston, for the West Virginia Division of Environmental Protection; Director, David C. Callaghan; and Chief of the Office of Waste Management, George Max Robertson.

Darrell V. McGraw, Jr., Attorney General, Silas B. Taylor, Senior Deputy Attorney General, Charleston, for Department of Tax & Revenue, Amicus Curiae.

W. Dean DeLaMater, DeLaMater & Hagg, Weirton, for Brooke County Solid Waste Authority, Amicus Curiae.

McHUGH, Chief Justice:

This case is before the Court upon the certified question of the Circuit Court of Kanawha County. The petitioners in the mandamus action below are the Wetzel County Solid Waste Authority (hereinafter the "Authority"), Robert Phillips, Jean Phillips, Robert Burgess, Helen Burgess, Arnold Smith, Nancy Smith, Orval Sizemore, and Flora Sizemore. Two of the respondents below are Lackawanna Transport Company...

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