Duff v. Morgantown Energy Associates

Morgantown Energy Associates, Mid-Atlantic Energy Company, Dominion Cogen, WV, Inc., Hickory Power Corporation (hereinafter collectively “MEA”), and Anker Energy Corporation (Anker) appeal the order of the Circuit Court of Monongahela County which found that the trucking method proposed by MEA to transport materials to and from its cogeneration power plant facility constitutes both a public and private nuisance, and enjoined MEA from delivering fuel and removing residue from the facility by truck.

I

The controversy from which this nuisance action arises involves the construction and operation…