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STATE EX REL. BALL v. CUMMINGS

No. 26200.

540 S.E.2d 917 (1999)

STATE of West Virginia ex rel. Bobby J. BALL, Shirley Ball, and the Estate of Frances J. Ball, Petitioners, v. Honorable John L. CUMMINGS, Judge of the Circuit Court of Cabell County; Barbara S. Taylor, Chief, Office of Water Resources, West Virginia Division of Environmental Protection; Culloden Public Service District; and West Virginia-American Water Company, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 17, 1999.

Dissenting and Concurring Opinion of Justice McGraw December 13, 2000.

Attorney(s) appearing for the Case

William V. DePaulo, Ross & DePaulo, Hurricane and Mary Anne Maul, Charleston, for Petitioners.

Allyn G. Turner, Deputy Chief, Office of Legal Services, Division of Environmental Protection, Charleston, for Barbara S. Taylor.

Ronald J. Flora, Milton, for Culloden Public Service District.

Robert G. McLusky, Scott D. Goldman, Jackson & Kelly, Charleston, for West Virginia-American Water Company.

MAYNARD, Justice.

This case is before the Court upon a petition for writ of mandamus filed by the petitioners, Bobby J. Ball, Shirley Ball and the Estate of Frances J. Ball, against the respondents, the Honorable John L. Cummings, Judge of the Circuit Court of Cabell County; Barbara Taylor, Chief, Office of Water Resources, Division of Environmental Protection; Culloden Public Service District; and West Virginia—American Water Company. The petitioners seek...

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