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HIGHLANDS CONSERVANCY v. PUB. SERV. COM'N

No. 25048.

527 S.E.2d 495 (1998)

206 W.Va. 633

WEST VIRGINIA HIGHLANDS CONSERVANCY, INC., Sierra Club, West Virginia Wildlife Federation, Chuck Merritt, and James M. Sconyers, Appellants, v. The PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, and Allegheny Energy System, Inc., Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 14, 1998.

Dissenting Opinion of Justice Starcher December 16, 1998.

Attorney(s) appearing for the Case

Thomas R. Michael, Michael & Kupec, Clarksburg, West Virginia, Attorney for Appellants.

Cynthia L. Wilson, Charleston, West Virginia, Attorney for Public Service Commission.

James K. Brown, Michael A. Albert, Lee van Egmond, Jackson & Kelly, Charleston, West Virginia, Attorneys for Allegheny Energy.

PER CURIAM:1

Petitioner West Virginia Highlands Conservancy, Inc. ("Conservancy")2 appeals from the December 30, 1997, order of the Public Service Commission ("Commission"), wherein the Commission concluded that it was without jurisdiction to conduct a post facto review of a real estate transaction involving land situated in the Blackwater River Canyon. Having carefully reviewed the statutes at issue, as well...

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