LIVING LANDS, LLC v. WARD

No. 23-1641.

LIVING LANDS, LLC, a West Virginia Limited Liability Company; D. C. CHAPMAN VENTURES, INC., a West Virginia Business Corporation, Plaintiffs-Appellants, v. HAROLD WARD, in his official capacity as the Cabinet Secretary of the West Virginia Department of Environmental Protection, an instrumentality of the State of West Virginia, Defendant-Appellee, and JACK CLINE, an Individual West Virginia Resident; ROBERT LEE CLINE, an Individual West Virginia Resident; BRADY CLINE COAL CO., a dissolved West Virginia Business Corporation, solely to the extent of its undistributed assets, specifically including the remaining limits of its available liability coverage under liability insurance policies; B. & S. CONTRACTING, INC., a dissolved West Virginia Business Corporation, solely to the extent of its undistributed assets, specifically including the remaining limits of its available liability coverage under liability insurance policies; SPRUCE RUN COAL COMPANY, a dissolved West Virginia Business Corporation, solely to the extent of its undistributed assets, specifically including the remaining limits of its available liability coverage under liability insurance policies covering it and its officers and directors, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2024.


Attorney(s) appearing for the Case

ARGUED: Michael O. Callaghan , NEELY & CALLAGHAN, Charleston, West Virginia; Michael Craig Donovan , LAW OFFICES OF MICHAEL C. DONOVAN, Mountain View, California, for Appellants.

Isaac R. Forman , HISSAM FORMAN DONOVAN RITCHIE PLLC, Charleston, West Virginia, for Appellee.

ON BRIEF: Michael B. Hissam , J. Zak Ritchie , HISSAM FORMAN DONOVAN RITCHIE PLLC, Charleston, West Virginia, for Appellee.

Affirmed by unpublished per curiam opinion.


UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

Two real estate investment firms brought this lawsuit over the disposal of solid waste at a former coal mining site in West Virginia. Among the defendants was Harold Ward, sued in his capacity as Cabinet Secretary of the West Virginia...

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