Cogar v. Sommerville

MILLER, Justice:

In this original proceeding, we are asked to grant a writ of prohibition to prevent enforcement of an injunction, issued by the Circuit Court of Webster County, which prohibits the petitioners from interfering with the mining activities of the respondent, Spring Ridge Coal Company (Spring Ridge). Spring Ridge contends that the petitioners’ rights to prevent mining operations within three hundred feet of an occupied dwelling under the West Virginia Surface Coal Mining and Reclamation Act (SCMRA), W.Va.Code, 22A-3-1 et seq. (1985), 1 were waived as a result of broad form waivers…