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McELROY COAL CO. v. SCHOENE

No. 17-0641.

813 S.E.2d 128 (2018)

McELROY COAL COMPANY, Petitioner v. Michael SCHOENE and Patricia Schoene, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: April 12, 2018.

Concurring and Dissenting Opinion of Justice Walker April 13, 2018.

Attorney(s) appearing for the Case

Rodger L. Puz, Esq. , J.R. Hall, Esq. , Dickie McCamey & Chilcote, P.C., Pittsburgh, Pennsylvania, Counsel for Petitioner

J. Thomas Lane, Esq. , Carrie J. Lilly, Esq. , Bowles Rice LLP, Charleston, West Virginia, Counsel for Amicus Curiae, The West Virginia Coal Association

James G. Bordas, Jr., Esq. , Jeremy M. McGraw, Esq. , James B. Stoneking, Esq. , Bordas & Bordas, PLLC, Wheeling, West Virginia, Counsel for Respondents

This matter is before the Court upon a July 18, 2017, order of the United States Court of Appeals for the Fourth Circuit certifying the following four questions to this Court:

(1) Under West Virginia law, does a deed provision (1902) transferring the right to mine coal "without leaving any support for the overlying strata...

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