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SMITH v. DEPT. OF MINES, MINERALS & ENERGY

Record No. 2898-97-3.

508 S.E.2d 342 (1998)

28 Va. App. 677

Link M. SMITH v. DEPARTMENT OF MINES, MINERALS AND ENERGY, DIVISION OF MINED LAND RECLAMATION and G & A Coal Company, Inc.

Court of Appeals of Virginia, Salem.

December 22, 1998.

Attorney(s) appearing for the Case

Donald R. Johnson, Roanoke, for appellant.

(Mark L. Earley, Attorney General; Richard B. Zorn, Senior Assistant Attorney General; John C. Wilkinson, Assistant Attorney General, on brief), for appellee Department of Mines, Minerals and Energy, Division of Mined Land Reclamation.

(Monroe Jamison, Abingdon, on brief), for appellee G & A Coal Company, Inc.

Present: COLEMAN, BUMGARDNER and LEMONS, JJ.

LEMONS, Judge.

Link M. Smith appeals the final order of the circuit court upholding the decision of the Department of Mines, Minerals and Energy denying him replacement of lost residential water supplies. Because the trial court committed no error, we affirm.

Link M. Smith owns approximately 324 acres of land in Bandy, Virginia, most of which is located above an underground coal mine operated by G & A Coal Company (G & A) pursuant to a permit it acquired...

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