Mountaineer Disposal Service, Inc. v. Dyer

Haden, Judge:

This is an original application by petitioner, Mountaineer Disposal Service, Inc., a corporation, for a writ of mandamus to compel the Honorable N. H. Dyer, State Director of Health, hereinafter referred to as “Director”, to issue the petitioner a permit to operate a sanitary landfill, which permit is a precondition required by West Virginia Code, Chapter 16, Article 1, Section 9 (Michie’s 1931), as amended.

In March 1972, the petitioner filed plans and a request for approval of a sanitary landfill operation to be located in Kanawha County, West Virginia, adjacent to State Local…