Kyla Asbury Nov. 28, 2012, 12:36pm
WINFIELD -- A Union District couple is suing Mountaineer Gas Services, LLC, claiming it breached its contract with them.
In October 2010, Keith Casto and Karen Casto entered into an express contract with the defendant, in which they agreed to settle certain reclamation claims with the defendant relative to natural gas wells and permit the defendant to construct and maintain 1,100 additional feet of pipeline across their property and permit Mountaineer to relocate certain roads and water lines in locations more convenient in the operation of its wells, according to a complaint filed Nov. 20 in Putnam Circuit Court.
The Castos claim in exchange for their agreement, the defendant expressly agreed to promptly remove an old tank and a flatbed trailer from their farm property, to remove certain trees and culverts, to install and gravel a well-maintained road, to pay them $2 per lineal foot for its extended pipeline and $12,000, in damages related to the construction of a road, as well as $8,000 in additional damages associated with the operation of the wells themselves.
Mountaineer allegedly breached its contract with the Castos by leaving old equipment on their farmland for nearly two years; never performing the agreed to graveling and maintaining of the road; and never paying the Castos any money toward the damages associated with the operation of the wells, according to the suit.
The Castos claim since contracting with them, Mountaineer has offered them significantly less money than agreed to and told them that “if they did not like it they could ‘take us to court because we always win.’”
As a result of the defendant’s breach of contract, the Castos have suffered damages in excess of $25,000, according to the suit.
The Castos are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Harvey D. Peyton.
The case has been assigned to Circuit Judge Phillip Stowers.
Putnam Circuit Court case number: 12-C-371