McElroy Coal Co. v. Michael and Patricia Schoene

FILED No. 17-0641 – McElroy Coal Co. v. Schoene April 12, 2018 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK WORKMAN, C. J., dissenting in part and concurring in part: SUPREME COURT OF APPEALS OF WEST VIRGINIA I concur with the majority’s conclusion that a common law claim for loss of surface support does not lie under the certified question as posed by the United States Court of Appeals for the Fourth Circuit. I likewise concur with the majority’s conclusion that the Surface Coal Mining and Reclamation Act, West Virginia Code § 22-3-1 (1994) et seq., (hereinafter “the Act”) authorizes an…