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MOTTO v. CSX TRANSPORTATION, INC.

No. 33205.

647 S.E.2d 848 (2007)

Adda MOTTO, Marie Carey, David Carey, Kristi Carey, and Sharon Runyon, Plaintiffs, v. CSX TRANSPORTATION, INC. and West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, a West Virginia Government Entity, Defendants.

Supreme Court of Appeals of West Virginia.

Decided May 24, 2007.

Dissenting Opinion of Justice Starcher June 29, 2007.

Attorney(s) appearing for the Case

Bernard E. Layne, III, Lord, Lord & Layne and Letisha R. Bika, Bika Law Office, Charleston, for Plaintiffs.

Anita R. Casey, Tanya Hunt Handley, MacCorkle, Lavendar, Casey & Sweeney, PLLC, Charleston, for Defendant West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation.

Andrew Zettle, Cindy D. McCarty, Huddleston Bolen, LLP, Huntington, for Defendant CSX Transportation, Inc.

BENJAMIN, Justice:

The instant matter comes before this Court upon an Order of Certification entered by the Circuit Court of Kanawha County, West Virginia, on May 17, 2006. In that order, the circuit court presented two questions regarding its discretion to waive the statutory notice required in actions governed by W. Va.Code §§ 55-17-1, et seq. (2002), and its discretion to stay proceedings for thirty days to allow for compliance with statutory provisions...

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