Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted September 1, 2004.
Decided December 9, 2004.
Attorney(s) appearing for the Case
Stuart Calwell, Esq., Thomas N. White, Esq., The Calwell Practice, Charleston, Vincent Trivelli, Esq., The Calwell Practice, Morgantown, Warren R. McGraw, II, Esq., Cindy Kiblinger, Esq., James F. Humphreys & Associates, Charleston, for Appellants.
Alvin L. Emch, Esq., Jill M. Obenchain, Esq., Jackson & Kelly, Charleston, for Appellees.
W. Henry Jernigan, Esq., Mychal S. Schulz, Esq., Christopher B. Power, Esq., Dinsmore & Shohl, LLP, Charleston, for Appellees' Master Brief.
Larry W. George, Esq., Charleston, for Landowners & Lessors-Lessees.
R. Ford Francis, Esq., Brian D. Morrison, Esq., Schumacher, Francis & Nelson, Charleston, for Small Defendants.
David L. Yaussy, Esq., Timothy M. Miller, Esq., Robinson & McElwee, for Timber Defendants.
Jane E. Harkins, Esq., Brown & Levicoff, PLLC, for Amicus Curiae, West Virginia Forestry Association.
Alvin L. Emch, Esq., Jackson & Kelly, for Amici Curiae, West Virginia Coal Association, West Virginia Oil and Natural Gas Association.
Robert W. Lawson, III, Esq., for Amici Curiae, West Virginia Farm Bureau, West Virginia Land and Mineral Owners Council, West Virginia Woodland Owners Association.
John R. Hoblitzell, Esq., for Amici Curiae, West Virginia Economic Development Council, West Virginia Business and Industry Council, West Virginia Roundtable, West Virginia Chamber of Commerce.
Denise Hoffner-Brodsky, Esq., for Amicus Curiae, Sierra Club.
Supreme Court of Appeals of West Virginia.
MAYNARD, Chief Justice.
In this case, we answer several certified questions from the Flood Litigation Panel in regards to lawsuits arising from July 8, 2001, floods in several counties in southern West Virginia.1
I.
FACTS
On July 8, 2001, several heavy rainstorms passed over southern West Virginia and areas of Boone, Fayette, Kanawha, McDowell, Mercer, Raleigh, and Wyoming counties were flooded. These floods...
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