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MARTINKA COAL v. DIV. OF ENV. PROTECTION

No. 31323.

590 S.E.2d 660 (2003)

214 W.Va. 467

MARTINKA COAL COMPANY, Appellant Below, Appellee, v. THE WEST VIRGINIA DIVISION OF ENVIRONMENTAL PROTECTION, Appellee Below, Appellee, and Brenda and Ralph Vincent, Intervenors Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 24, 2003.

Attorney(s) appearing for the Case

Patrick C. McGinley, Suzanne M. Weise, Morgantown, West Virginia, Attorneys for the Appellants.

W. Henry Lawrence, Janna M. Nuzum, Steptoe & Johnson, Clarksburg, West Virginia, Attorneys for the Appellee, Martinka Coal Company.

ALBRIGHT, Justice:

Ralph and Brenda Vincent appeal from the September 27, 2002, final order of the Circuit Court of Marion County, wherein the lower court determined that the regulations promulgated pursuant to the West Virginia Surface Coal Mining and Reclamation Act (hereinafter referred to as "SCMRA") do not permit the additional recovery of reasonable attorneys' fees for time expended in successfully litigating the administrative appeal of an award of attorney...

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