Chosar Corp. v. Owens

370 S.E.2d 305 (1988)

CHOSAR CORPORATION, et al.

v.

Beulah OWENS, et al.

Record No. 850699.

Supreme Court of Virginia.

June 17, 1988.

S. Strother Smith, Abingdon, (William H. Drake, on brief), for appellants.

Benjamin F. Sutherland, Clintwood, for appellees.

Present: All the Justices.

STEPHENSON, Justice.

The principal questions in this appeal are (1) whether mining of coal owned by cotenants without the consent of all owners constitutes waste and the exclusion of the interests of the nonconsenting owners entitling them to injunctive relief, and (2) if such mining does constitute waste and the exclusion…