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WEST VIRGINIA DEP v. DOTSON

No. 20-0063.

856 S.E.2d 213 (2021)

WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant Below, Petitioner v. Drema DOTSON, Denver Allen Hunt, Connie Lester, Woodrow Kirk, and Johnny Lockhart, Plaintiffs Below, Respondents

Supreme Court of Appeals of West Virginia.

Filed: March 16, 2021.

Attorney(s) appearing for the Case

John P. Fuller, Esq. , Brent D. Benjamin, Esq. , Daniel T. LeMasters, Esq. , Jeffrey M. Carder, Esq. , Bailey & Wyant, PLLC, Charleston, West Virginia, Counsel for Petitioner.

Kevin W. Thompson, Esq. , David R. Barney, Jr., Esq. , Thompson Barney, Charleston, West Virginia, Stephen P. New, Esq. , Amanda J. Taylor, Esq. , The Law Office of Stephen P. New, Beckley, West Virginia, Counsel for the Respondents.

The Petitioner West Virginia Department of Environmental Protection ("DEP") appeals the December 30, 2019, order entered by the Circuit Court of McDowell County, West Virginia, denying its motion for summary judgment on qualified immunity grounds. On appeal, the DEP contends that the circuit court erred as a matter of law in denying...

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