Some coincidences are just hard to explain, but for
Ernest W. Yates' family, the coincidence is
downright uncanny. All five members of his family
celebrate their birthdays on the same day of the
week, regardless of the moths in which they were
born. This year, they all will be on a Thursday,
including Patricia Gail's, whose birthday is today
(August 3). Other family birthdays falling on
Thursday include Janis Renee, August 10; Sharon
Anne, who is deceased, November 16; Ruby Thomas
Yates, November 30; and Ernest Warren Yates, May 4,
1948. Next year, all the family birthdays, Yates
said, fall on Friday. Leap Year does not affect the
day of the week coincidence.
Judge Denies Motion to Quash
Given Deadline to Answer Suit on CONSOL Permit
Cathy St. Clair
Virginia Department of Mines, Minerals and Energy was
given until next Friday to respond to a lawsuit filed
against it by three area coal companies seeking a writ
of mandamus and injunctive relief related to a
discharge permit filed by CONSOL which is now pending
before the state agency.
filed a permit application revision with DMME in
August 2005, asking to be allowed to modify its mine
water disposal plan to allow it to discharge up to
10,000 gallons per minute of untreated mine water into
the Levisa River
within the town of Grundy limits.
Circuit Judge Bob Williams ruled last Thursday that
the initial Service of Process on the state agency was
proper under the Rules of the Virginia Supreme Court
and further that it “did not violate any
constitutional guarantees or rights of the
defendants” and “is valid and binding in all
had asked the court to quash the service of process
related to the lawsuit, contending that the complaint
served upon it did not contain copies of the two
exhibits referred to in the complaint. As such, the
motion filed by DMME argued its directors were not
“fully apprised of the content and details of
complainants’ claims” and were therefore
“deprived of sufficient notice to comply with and
satisfy constitutional due process requirements.”
court denied the motion to quash filed on behalf of
the agency by Assistant Attorney General Sharon M.B.
Pigeon and ordered DMME to file an answer to the
complaint on or before August 11, 2006.
Street is the attorney for the three coal companies
filing the suit– Buchanan Coal Company LLP, Sayers
Pocahontas Coal Company LLP and Yukon Pocahontas Coal
last week’s hearing in support of the coal
companies’ position, documentation was submitted of
Rule 3:4(b)of the Virginia Supreme Court, which states specifically that “it is not required that copies of
exhibits filed with the complaint be furnished or
served.” Also cited was Rule 1:4(i) which states
“the mention in a pleading of an accompanying
exhibit shall, of itself and without more, make such
exhibit a part of the pleading.”
original complaint filed by the three coal companies
asks the court to compel DMME and the Division of
Mined Land Reclamation (DMLR) to discharge their
statutory and regulatory duties.
issue is the manner in which the permit was filed and
subsequently, the manner in which a DMLR May informal
conference on the permit application was conducted by
the state agency.
For more of the
story, see the print edition of the Mountaineer, on sale at
newsstands now. To subscribe to the Mountaineer,
call 276-935-2123 today.
E-911 Addresses Are Site Specific
County residents who have obtained their new house addresses from
the E-911 office are reminded that the addresses are site specific.
Coordinator Greg Clevinger said there has apparently been some
confusion among some residents who have erroneously thought if they
moved to another location their address remained the same.
fact, Clevinger said, if a resident moves from one house to another,
the physical address changes too -- even if the move is just next
changing locations may call the E-911 office to determine their new
address when they move.
noted to date that some 7,200 residences or businesses have already
called to obtain their new addresses.
who has not yet received their new address may call the E-911 office
at 935-8343 or 935-2647.
Deadline to File for North
Grundy Supervisor's Post is August 25
Cathy St. Clair
is running out for any North Grundy residents interested in seeking
that district’s post on the Buchanan County Board of Supervisors
in the coming November election.
Grundy residents have until August 25, 2006 to file their intent
with the Buchanan County Voter Registrar’s Office to seek office
in the special election being held to fill the remaining one year
left in the term to which Joe Keene was originally elected.
Keene’s tragic death while still in office necessitated the
Branham was appointed to fill the vacancy on the board following
Keene’s death, pending the outcome of the special election and
will seek the post as the Democrat nominee.
Horn was chosen in June as the Republican nominee for the post.
to Voter Registrar Vicki Clevinger, anyone wishing to seek office as
an independent may do so by getting 125 signatures from registered
voters in the North Grundy District. Forms are available in the
registrar's office or may be obtained from the State Board of
deadlines to note for the November election include October 10, 2006
which is the last date to register to vote and still be eligible to
vote in the November election;
October 31, 2006, which is the last date to vote absentee by
mail; and November 4, 2006, which is the last date to vote absentee
more information, interested persons may call the registrar’s
office at 935-6534.