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WACO OIL AND GAS CO., INC. v. CRUM

No. 33829.

671 S.E.2d 464 (2008)

WACO OIL AND GAS COMPANY, INC., Appellant Below, Appellee v. Matthew B. CRUM, Director, Division of Mining and Reclamation, and West Virginia Department of Environmental Protection, Appellees Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 14, 2008.

Attorney(s) appearing for the Case

Heather A. Connolly, Esq., Thomas L. Clarke, Esq., Office of Legal Services, WV Department of Environmental Protection, Charleston, for Appellee.

Paul E. Parker, II, Esq., Leonard B. Knee, Esq., Anthony P. Tokarz, Esq., Bowles Rice McDavid Graff & Love, Charleston, for Appellant.

STARCHER, J.:1

In the instant case we reinstate an order of the West Virginia Surface Mine Board that upheld the denial of a quarry mine permit.

I.

Facts & Background

The appellant, the West Virginia Division of Environmental Protection ("DEP"), appeals from a March 21, 2007 order of the Circuit Court of Kanawha County. That order reversed and vacated a January 29, 2003 decision of the West Virginia...

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