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HOMINY CREEK PRESERVATION v. DEP

No. 11-0749.

737 S.E.2d 48 (2012)

HOMINY CREEK PRESERVATION ASSOCIATION, INC., Respondent Below, Petitioner v. WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 19, 2012.

Attorney(s) appearing for the Case

Derek O. Teaney, Esq. , Joseph M. Lovett, Esq. , Lewisburg, WV, for Petitioner.

Joseph L. Jenkins, Esq. , Senior Counsel, Office of Legal Services, West Virginia Department of Environmental Protection, for Respondent.

PER CURIAM:

Petitioner Hominy Creek Preservation Association, Inc. ("the Association") appeals an order from the Circuit Court of Kanawha County. On April 16, 2010, the Surface Mine Board ordered the West Virginia Department of Environmental Protection ("DEP") to pay the Association's attorney fees and costs for work performed in two administrative appeals.1 Following the entry of this order, the DEP filed a "Motion for Clarification"...

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