Anita Cecil, et al. v. Bluestone Coal Corporation, EQT Production Company, and Jim C. Hamer Company

Summary

The Supreme Court of Appeals of West Virginia affirmed summary judgment for Bluestone Coal Corporation, EQT Production Company, and Jim C. Hamer Company in a property-damage action arising from flooding allegedly caused by the defendants’ land-use activities. The court held that the plaintiffs lacked probative evidence linking the defendants’ operations to the flooding and rejected the challenge to denial of reconsideration; other arguments concerning dismissal under Rules 37(b) and 41(b) were deemed moot.

Holdings

1. The circuit court did not err in granting summary judgment because its order contained sixteen findings of fact and four conclusions of law, and the record lacked probative evidence linking respondents' operations to the May 2, 2002 flooding.
2. The challenge to the alternative dismissal grounds under Rules 37(b) and 41(b) was moot because the first assignment of error concerning summary judgment was dispositive of the appeal.
3. The circuit court properly denied petitioners' motion to reconsider because, having been filed within ten days of judgment, it was treated as a Rule 59(e) motion, and petitioners did not establish grounds warranting alteration or amendment of the judgment.

Questions Presented

1. Whether the circuit court's summary judgment order was legally deficient because it did not include findings of material fact.
2. Whether the circuit court improperly dismissed the case under West Virginia Rules of Civil Procedure 37(b) and 41(b).
3. Whether the circuit court erred in denying petitioners' motion for reconsideration treated as a Rule 59(e) motion.

Disposition

affirmed