CBC HOLDINGS, LLC v. DYNATEC CORP., USA

No. 34267.

680 S.E.2d 40 (2009)

CBC HOLDINGS, LLC, a West Virginia Limited Liability Company, in its Own Behalf and in Behalf of Other Owners of Undivided Interests in the Minerals Underlying the Realty in Question, Plaintiffs Below, Appellants v. DYNATEC CORPORATION, USA, a Foreign Corporation Not Licensed to Do Business in West Virginia; Dynatec Energy, Inc., a Foreign Corporation Licensed to Do Business in West Virginia; Dynatec Drilling, Inc., a Foreign Corporation Licensed to Do Business in West Virginia; New Gauley Coal Corporation, a West Virginia Corporation; and the Other Unknown Heirs, Successors and Assigns of Hugh K. Cosgray, Catharine Cosgray, Cora B. Stewart, E.E. Stewart, I.C. Cosgray, W.B. Cosgray, T.L. Cosgray, John A. Cosgray, Lucy L. Cosgray, Tolla Sole, Lydia Booth, And Bertha D. Cosgray, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 27, 2009.


Attorney(s) appearing for the Case

Larry L. Skeen, Skeen & Skeen, Charleston, for the Appellants.

Jonathan L. Anderson, Brian R. Swiger, Blair M. Gardner, Jackson Kelly PLLC, Charleston, for the Appellees.


McHUGH, Senior Status Justice:1

Appellant CBC Holdings, LLC ("CBC") seeks relief from an order of the Circuit Court of Wetzel County through which the trial court concluded that the declaratory judgment action CBC filed to resolve issues of ownership relating to the coalbed methane gas ("coalbed methane") being extracted by Appellee Dynatec Corporation, USA, ("Dynatec") was not ripe for decision due to Appellant's failure to exhaust administrative...

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