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STATE EX REL. BLUE EAGLE LAND, LLC v. OIL & GAS CONS. COMM.

No. 33705.

664 S.E.2d 683 (2008)

STATE of West Virginia ex rel. BLUE EAGLE LAND, LLC, a West Virginia Limited Liability Company, Coalquest Development, LLC, a foreign limited Liability Company, Consolidation Coal Company, a foreign corporation, Horse Creek Land and Mining Company, a West Virginia Corporation, National Council of Coal Lessors, Inc., a West Virginia Corporation, Penn Virginia Operating Company, LLC, a foreign Limited Liability Company, Pocahontas Land Corporation, a foreign Corporation, West Virginia Coal Association, a West Virginia Non-Profit Corporation, WPP LLC, a foreign Limited Liability Company, and Wolf Run Mining Company, a West Virginia Corporation, Petitioners v. WEST VIRGINIA OIL & GAS CONSERVATION COMMISSION, a State Agency, Chesapeake Appalachia, LLC, a foreign Limited Liability Company, Eastern American Energy Corporation, a West Virginia Corporation, and Petroedge Resources (WV), LLC, a foreign Limited Liability Company, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 27, 2008.

Attorney(s) appearing for the Case

Nicholas S. Preservati, Esq., Joseph L. Jenkins, Esq., Preservati Law Offices, Estill Forrest Jones, Jr., Esq., Jones & Associates, Charleston, for Petitioners.

Darrell V. McGraw, Jr., Attorney General, Christie S. Utt, Assistant Attorney General, Charleston, for West Virginia Oil & Gas Conservation Commission.

Kenneth E. Tawney, Esq., Jackson Kelly, Charleston, for PetroEdge Resources.

Timothy M. Miller, Esq., Robinson & McElwee, Keith E. Moffatt, Esq., Chesapeake Appalachia, LLC, Charleston, for Chesapeake Appalachia, LLC.

Susan Wittemeier, Esq., Goodwin & Goodwin, Robert M. Adkins, Esq., Eastern American Energy Corporation, Charleston, for Eastern American Energy Corporation.

David B. McMahon, Esq., Charleston, for Amicus Curiae West Virginia Surface Owners' Rights Organization.

PER CURIAM:

In the instant case we find that a writ of prohibition is not an appropriate vehicle to address jurisdictional questions raised regarding certain oil and gas wells. We grant leave for the case to be re-filed as an appeal in circuit court.

I.

The petitioners are coal-owning and coal-mining companies that object to certain orders issued by the respondent, the West Virginia Oil & Gas Conservation Commission ("the Commission"), a governmental...

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