LIVING LANDS, LLC v. CLINE

CIVIL ACTION NO. 3:20-0275.

591 F.Supp.3d 79 (2022)

LIVING LANDS, LLC, a West Virginia Limited Liability Company, D. C. Chapman Ventures, Inc. a West Virginia Business Corporation, Plaintiffs, v. Jack 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 covering it and its officers and directors; 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; 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, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

Signed March 15, 2022.


Attorney(s) appearing for the Case

Michael O. Callaghan , Neely & Callaghan, Charleston, WV, Michael C. Donovan , Law Offices of Michael C. Donovan, Mountain View, CA, for Plaintiff Living Lands, LLC.

Michael O. Callaghan , Neely & Callaghan, Charleston, WV, for Plaintiff D.C. Chapman Ventures, Inc.

Isaac Ralston Forman , Michael B. Hissam , Hissam Forman Donovan Ritchie, Jeffrey Dye , West Virginia Department of Environmental Protection, Skyler A. Matthews , Hissam Forman Donovan & Ritchie, Charleston, WV, for Defendant Harold Ward.

Jack Cline, Daniels, WV, Pro Se.


MEMORANDUM OPINION AND ORDER

Pending before the Court is Defendant Harold Ward's Motion to Dismiss. ECF No. 44. For the following reasons, this Motion is DENIED, in part, and GRANTED, in part. ECF No. 44.

BACKGROUND

Plaintiff Living Lands, LLC...

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