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LEVISA COAL CO. v. CONSOLIDATION COAL CO.

Record No. 070580.

662 S.E.2d 44 (2008)

LEVISA COAL COMPANY v. CONSOLIDATION COAL COMPANY.

Supreme Court of Virginia.

June 6, 2008.

Attorney(s) appearing for the Case

J. Scott Sexton, Roanoke (Monica Taylor Monday; Benjamin A. Street; S. Thomas Mullins, Grundy; Gentry, Locke, Rakes & Moore; Street Law Firm, on briefs), for appellant.

Charles M. Simms (Everette G. Allen, Jr.; Vernon E. Inge, Jr.; Robert Wm. Best, Richmond; James R. Creekmore; LeClair Ryan; The Creekmore Law Firm, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

This appeal arises from a dispute between the owner of a solid mineral estate subject to a long-term mining lease and a third party. The dispute involves the storage of wastewater from the third party's mining operations on other lands in a particular mine located within the subject leasehold but with the lessee's permission. The owner of the solid mineral estate sought an injunction and declaratory judgment to prevent the...

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