Legal Opinion
Cogar v. Faerber
West Virginia Supreme Court
Decided May 23, 1988No. 17646PublishedCited by 4 opinions
1Opinion of the Court
McGRAW, Justice:
This is an appeal from a final order of the Circuit Court of Kanawha County affirming the decision of the Reclamation Board of Review approving a modification of Intervenor Spring Ridge Coal Company’s Permit No. U-138-83. Under that permit, the Intervenor has operated the Smoot Mine since 1983. The Appellants, residents of the area, object to the modification of the permit to allow new openings to the underground mine because the openings are within one hundred feet of a public road and three hundred feet of occupied dwellings, in violation of West Virginia Code §…
2Cases cited12 opinions
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
- Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
- National Wildlife Federation v. Donald P. Hodel, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1988
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ooten v. FaerberWest Virginia Supreme Court · 1989
- Cogar v. SommervilleWest Virginia Supreme Court · 1989
- Russell v. Island Creek Coal Co.West Virginia Supreme Court · 1989
- Kirwan v. KirwanWest Virginia Supreme Court · 2002