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TOWN OF FAYETTEVILLE v. LAW

No. 24117.

495 S.E.2d 843 (1997)

201 W.Va. 205

The TOWN OF FAYETTEVILLE, and the State of West Virginia, Plaintiffs Below, Appellants, v. Lewis LAW, Individually; Mine Management, Inc., a Corporation; Mountain Laurel Resources Company (formerly New River Company), a Corporation; CSX Minerals, Inc., a Corporation; CSX Corporation, a Corporation; and CSX Transportation, Inc., a Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 3, 1997.

Attorney(s) appearing for the Case

Travers R. Harrington, Jr., Jesser & Harrington Fayetteville, for the Appellant Town of Fayetteville.

Mark J. Rudolph, Craig B. Giffin, West Virginia Division of Environmental Protection, Charleston, for the Appellant State of West Virginia.

William G. Broaddus, E.E. Matthews, III, McGuire, Woods, Battle & Boothe, Richmond, VA, James M. Brown, Jane E. Harkins, Brown & Levicoff, Beckley, for Appellee CSX Corporation.

Richard E. Rowe, Suzanne Jett Trowbridge, Goodwin & Goodwin, Charleston, for Appellees CSX Minerals, Inc. and CSX Transportation, Inc.

Per Curiam:

These four consolidated actions are before this Court upon an appeal from the final order of the Circuit Court of Fayette County, West Virginia, entered on July 15, 1996. In the complaints filed below, the appellants, the Town of Fayetteville and the State of West Virginia, contend that they are entitled to damages and injunctive relief because of pollution emanating from a coal refuse pile in the Summerlee...

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