Louden v. West Virginia Division of Environmental Protection

ALBRIGHT, Justice:

The West Virginia Division of Environmental Protection (hereinafter “DEP”) appeals from the January 27, 2000, order of the Kanawha County Circuit Court granting payment of costs, including attorneys’ fees, to Curtis Louden and Anthony Sears (hereinafter “Appellees”) in a case involving an administrative appeal of a permit revision decision by the Surface Mine Board (hereinafter “SMB”). The award followed the circuit court’s dismissal of the appeal as moot. Based upon the briefs and arguments of the parties and review of the relevant records, we affirm in part, reverse in…