Ooten v. Faerber

McHUGH, Justice:

In this appeal involving a surface-mining permit, the key issue presented is whether there has been compliance with the stated conditions precedent to consideration of the “reinstatement” of the area earlier “deleted” from the surface-mining permit in question. Concluding that there has not been such compliance, we reverse the circuit court’s affirmance of the Reclamation Board of Review’s decision that there has been such compliance.

I

The facts as found by the Reclamation Board of Review are uncontroverted.

In 1980, Island Creek Coal Company applied for a surface-mining permit…