April 8, 2009
WVa court hears case of coal silo near school
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The Associated Press

CHARLESTON, W.Va. (AP) - A lawyer for an anti-surface mining group wants the West Virginia Supreme Court to bar construction of a coal silo near a school because of an inaccurate map.

Coal River Mountain Watch lawyer Joe Lovett said during oral arguments Wednesday that state laws and regulations make it clear maps, not boundary markers, determine a mine's borders. If that's the case, Lovett said the silo can't be built because it would be outside the boundary shown on the map.

Lawyers for the state Department of Environmental Protection and Goals Coal urged the court uphold a lower court decision allowing the silo.

Goals wants to build the silo about 260 feet from Marsh Fork Elementary School in Raleigh County.

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