Friday, June 08, 2007

SUPREME COURT OF APPEALS OF WEST VIRGINIA

JEROME E. BURCH, LEVI MILLER, FRANK FITZPATRICK,
CHARLES E. THOMAS, RICHARD FIEDLER, ROBERT F. HURLEY,
AND JOHN T. MITCHELL,
Plaintiffs Below, Appellants
v.
NEDPOWER MOUNT STORM, LLC AND SHELL WINDENERGY, INC.,
Defendants Below, Appellees

CONCLUSION
In conclusion, having found no basis in law for the circuit court’s ruling that
dismissed on the pleadings the appellants’ nuisance claim for an injunction, we reverse the April 7, 2006, order of the Circuit Court of Grant County, and we remand this case to the circuit court for proceedings consistent with this opinion.

(Click to read pdf file of decision)

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