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TENNANT v. CALLAGHAN

No. 23902

490 S.E.2d 845 (1997)

200 W.Va. 757

Moses TENNANT, Plaintiff Below, Appellant, v. David C. CALLAGHAN, Director of the West Virginia Division of Environmental Protection, Defendant Below, Appellee, and American Bituminous Power Partners, L.P. Intervenor Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Moses Tennant, Fairview, pro se.

Joseph A. Lazell, Office of Legal Services, West Virginia Division of Environmental Protection, Charleston, for David C. Callaghan.

W. Henry Lawrence, IV, Robert D. Pollitt, Steven P. McGowan, Steptoe & Johnson, Clarksburg, for American Bituminous Power Partners, L.P.

PER CURIAM:

The appellant, Moses Tennant, pro se, appeals the January 25, 1996 order of the Circuit Court of Marion County which affirmed the Surface Mine Board's decision to dismiss the appellant's appeal. The Surface Mine Board, in a May 17, 1995 order, dismissed the appeal after concluding that it did not have jurisdiction to resolve the issues raised by the appellant. For reasons explained below, we affirm the...

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