Ashland Oil, Inc. v. Kaufman

BROTHERTON, Chief Justice:

The plaintiffs, citizens from Kentucky and West Virginia, filed suit against the defendant, Ashland Oil, Inc., a Kentucky corporation, in the Circuit Court of Kana-wha County, West Virginia, on March 23, 1989. Only the plaintiffs were present at a March 31, 1989, hearing at which Circuit Court Judge Tod J. Kaufman granted the plaintiffs’ motion for a preliminary injunction and ordered Ashland to “cease from causing or allowing any unusual particulate emissions of visible fallout or other unusual emissions, including sulfur dioxide, to escape or leave the boundaries…