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CONSOLIDATION COAL CO. v. DMME

Record No. 0570-00-3.

537 S.E.2d 15 (2000)

33 Va. App. 784

CONSOLIDATION COAL COMPANY v. DEPARTMENT OF MINES, MINERALS AND ENERGY, DIVISION OF MINED LAND RECLAMATION and Grady Horn and Ella Horn, Intervenors.

Court of Appeals of Virginia, Salem.

November 21, 2000.

Attorney(s) appearing for the Case

Monroe Jamison, Abingdon, for appellant.

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

No brief or argument for appellees Grady Horn and Ella Horn, Intervenors.

Present: COLEMAN, WILLIS and ELDER, JJ.

WILLIS, Judge.

Consolidation Coal Company (CCC) appeals a judgment affirming issuance by the Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR), of a subsidence order requiring CCC to repair, replace or compensate damage to structures caused by its underground mining. CCC contends: (1) that the agency's finding that subsidence resulting from CCC's operation caused the subject structural damage is not supported by substantial...

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