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LOUDEN v. DIVISION OF ENV. PROTECTION

No. 28664.

551 S.E.2d 25 (2001)

209 W.Va. 689

Curtis LOUDEN and Anthony Sears, Petitioners Below, Appellees, v. WEST VIRGINIA DIVISION OF ENVIRONMENTAL PROTECTION, Respondent Below, Appellant, and Green Valley Coal Company, Intervenor Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 8, 2001.

Attorney(s) appearing for the Case

Sean P. McGinley, DiTrapano Barrett & DiPiero, PLLC, Charleston, West Virginia and Joseph M. Lovett, Charleston, West Virginia and Walton D. Morris, Jr. (Pro Hac Vice), Charlottesville, Virginia Attorneys for the Appellees, Curtis Louden and Anthony Sears.

M. Shane Harvey, Robert G. McLusky, Jackson & Kelly, Charleston, West Virginia and Robert G. McLusky, Jackson & Kelly, Charleston, West Virginia Attorneys for the Appellee, Green Valley Coal Company.

William E. Adams, Jr., Christopher D. Negley, Division of Environmental Protection, Charleston, West Virginia, Attorneys for the Appellant.

ALBRIGHT, Justice:

The West Virginia Division of Environmental Protection (hereinafter "DEP") appeals from the January 27, 2000, order of the Kanawha County Circuit Court granting payment of costs, including attorneys' fees, to Curtis Louden and Anthony Sears (hereinafter "Appellees") in a case involving an administrative appeal of a permit revision decision by the Surface Mine Board (hereinafter "SMB"). The award followed the circuit court's dismissal of the appeal...

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