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TAYLOR v. CULLODEN PUBLIC SERVICE DIST.

No. 31263.

591 S.E.2d 197 (2003)

214 W.Va. 639

Barbara S. TAYLOR, Chief, Office of Water Resources, West Virginia Division of Environmental Protection, Plaintiff Below, Appellee and Bobby J. Ball, Shirley Ball, and The Estate of Frances J. Ball, Intervenors Below, Appellants. v. CULLODEN PUBLIC SERVICE DISTRICT and WEST VIRGINIA-AMERICAN WATER COMPANY, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 24, 2003.

Attorney(s) appearing for the Case

Joseph A. Lazelle, Division of Environmental Protection, Charleston, West Virginia, Attorney for the Appellee, Barbara S. Taylor.

William V. DePaulo, Ross & DePaulo, PLLC, Hurricane, West Virginia and Mary Anne Maul, Charleston, West Virginia, Attorneys for the Appellants.

John Philip Melick, Brian C. Helmick, Jackson & Kelly, Charleston, West Virginia, Attorney for the Appellee, West Virginia-American Water Company.

Ronald J. Flora, Milton, West Virginia, Attorney for the Appellee, Culloden Public Service District.

ALBRIGHT, Justice:

Appellants Bobby J. and Shirley Ball1 seek a reversal of the February 7, 2002, order of the Circuit Court of Cabell County granting summary judgment to Appellees, the Culloden Public Service District ("CPSD") and the West Virginia-American Water Company ("WVAWC") in connection with the nuisance and trespass action Appellants brought against Appellees stemming

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