West Virginia Supreme Court February 8, 2002, 29840 (Harvest Capital v. West Virginia Department of Energy)

ALBRIGHT, Justice.

This is an appeal by the West Virginia Department of Energy, Division of Environmental Protection, and James E. Pitsenbar-ger, Chief of Abandoned Mine Lands and Reclamation (hereinafter referred to collectively as “DEP”), of the December 21, 2000, order entered by Judge A. Andrew Mac-Queen

1

of the Kanawha County Circuit Court granting summary judgment for Ground Breakers, Inc.