Schultz v. Consolidation Coal Co.

WORKMAN, Justice:

Charles and Claudia Schultz appeal the May 22,1995, final order of the Circuit Court of Marshall County, granting summary judgment to the Appellees, Consolidated Coal Co. (“Consol”) and Bert Shelek, in connection with the Appellants’ attempt to set aside a subsidence agreement they entered into with Consol. Based on our review of the record, the parties’ briefs and arguments, and all other matters submitted before this Court, we find that the lower court committed no error in granting summary judgment and, accordingly, we affirm.

I

The Appellants own the surface estate to a…