Huffman v. Goals Coal Co.

KETCHUM, Justice:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine a circuit court ruling upholding an administrative decision by the West Virginia Surface Mine Board (“the Board”). The circuit court affirmed the Board’s conclusion that under the West Virginia Surface Coal Mining and Reclamation Act, W.Va.Code, 22-3-1, et seq., a surface mine “permit area” is defined to include both the area which is indicated on the map submitted with the application for a surface mine permit, and which is identifiable by appropriate markers and monuments on the mine site.

As…