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WEST VIRGINIA RECORD

Tuesday, April 23, 2024

Property owners blame well operator for damage

Law money 04

LOGAN — Two property owners are suing Calbot Oil & Gas Corporation, an oil well operator, citing alleged intentional infliction of emotional distress and trespassing.

Cecil Brook and Tonya Brook filed a complaint on June 27 in Logan Circuit Court against Calbot Oil & Gas Corporation, alleging that the oil well operator failed to grade the pad site toward the ditch.

According to the complaint, the plaintiff alleges that their residence and real property have been damaged and diminished in value by rainwater running from the grade, and that as a direct and proximate result, they have suffered annoyance and inconvenience. The plaintiff holds Calbot Oil & Gas Corporation responsible because the defendant allegedly negligently graded the roadway and a pad site on the hillside above their property, toward the downhill slope rather than sloping it toward the ditch, to direct the flow of water to the ditch.

The plaintiff requests a trial by jury and seeks judgment against defendant for actual damages, for diminished value of their property, and for annoyance and inconvenience,. They are represented by Robert B. Kuenzel of Kuenzel and Associates PLLC in Chapmanville.

Logan Circuit Court Case number 16-C-138

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