Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC

In my view, nothing in the Agreement’s plain language requires Pinnacle to pump water to facilitate Covol’s coal operations. In holding otherwise, I believe the majority conjures an ambiguity where there is none, erring in two fundamental respects. Accordingly, except in regard to Part III.B of the majority’s opinion, I respectfully dissent.

First, the majority tacitly attributes a meaning to “right-of-way” that is anything but “plain and ordinary.” Berry v. Mountain Air Prop. Owners Ass’n, No. 13-1324, 2014 WL 5312274, at *3 (W.Va. Oct. 17, 2014). A “right-of-way” is “[t]he right to pass…