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COOKMAN REALTY GROUP, INC. v. TAYLOR

No. 30116.

566 S.E.2d 294 (2002)

211 W.Va. 407

COOKMAN REALTY GROUP, INC., Defendant Below, Appellee, v. Barbara TAYLOR, Chief, Office of Water Resources, Division of Environmental Protection, Plaintiff Below. The West Virginia Department of Environmental Protection, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 19, 2002.

Concurring Opinion of Justice Albright June 25, 2002.

Concurring Opinion of Justice Starcher July 3, 2002.

Attorney(s) appearing for the Case

Leonard B. Knee, Esq., Bowles Rice McDavid Graff & Love, Charleston, for Appellee.

Perry D. McDaniel, Esq., Martha E. Barber, Esq., Charleston, for Appellant.

PER CURIAM.

The West Virginia Department of Environmental Protection ("DEP") appeals a lower court judgment that construed the Groundwater Protection Act, W. Va.Code §§ 22-12-1 to -14, and an accompanying regulation, W. Va.C.S.R. § 47-57-4.1 (1994), as precluding DEP from ordering appellee Cookman Realty Group, Inc. ("Cookman Realty") to eliminate motor-oil contamination from its property in Grant County...

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