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ENERGY DEVELOPMENT CORP. v. MOSS

No. 31238.

591 S.E.2d 135 (2003)

214 W.Va. 577

ENERGY DEVELOPMENT CORPORATION, Plaintiff Below, Appellant, v. Nancy Louise MOSS, et al., Defendants Below, Appellees, West Virginia Coalbed Methane Review Board, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 20, 2003.

Dissenting Opinion of Justice Albright January 8, 2004.

Attorney(s) appearing for the Case

Richard L. Gottlieb, Esq., Webster J. Arceneaux, III, Esq., Lewis, Glasser, Casey & Rollins, Charleston, for Appellant.

Donald R. Johnson, Esq., Roanoke, VA, for Nancy Louise Moss, Appellee.

Thomas N. McJunkin, Esq., Blair M. Gardner, Esq., Stephanie H.D. Mullett, Esq., Jackson & Kelly, Charleston, for GeoMet, Inc.

Darrell V. McGraw, Jr., Attorney General, Christie S. Utt, Assistant Attorney General, Charleston, for West Virginia Coalbed Methane Review Board, Appellee.

MCGRAW, Justice.

The parties in this appeal contest the ownership of what is called "coalbed methane," which many refer to simply as "CBM." Coalbed methane, as its name suggests, originates in a coal seam. Traditionally viewed as a dangerous waste product of coal mining, in more recent years coalbed methane has emerged as a useful, and thus valuable, source of energy. The specific...

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