GRAFTON — A Grafton man is suing Arch Resources alleging it breached a contract with him.
Ark Land; Ark Land KH, ICG Tygart Valley, Darrell Dalton, Larry Gore, Kermitt Melvin, James Dotson and three unknown, unnamed individuals were also named as defendants in the suit.
Jason R. Coole's property is in the Knottsville District of Grafton, which is included along with other buildings on Flag Run Road and the defendants had a pre-subsidency survey completed on the property, according to a complaint filed in Taylor Circuit Court.
Coole claims the property was mined under by the defendants and as a result of the mining activities, the plaintiff noticed damage to his residence, as well as other buildings on the real estate.
"The damage to the residence and other buildings on the subject property consists of gaps between the sidewalk and the house, gaps between the sidewalk and the steps, the deck becoming sloped around the house, cracks in the foundation(s) and mortar joints on the outside of the house, cracks in the foundation and mortar joints in the crawlspace, gaps between the block and sill plate, doors shifting creating gaps and causing them to not function properly, gaps between the floor and cabinets in the kitchen, various cracks throughout the residence and other buildings, gaps in the flooring, shifting of the floor, cracks in the foundations of the other building(s) on the subject property, and otherwise, all continuing in nature," the complaint states.
The plaintiff contacted Dalton on April 29, 2022, and was offered $150,000 to settle his claims regarding the damage to his property and he accepted the offer, however, several minutes later, Dalton attempted to rescind the offer and only offer $107,500, according to the suit.
Coole claims the defendants breached their oral contract with him and violated the West Virginia Surface Coal Mining Reclamation Act.
Coole is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Hunter B. Mullens and Matthew L. Ervin of Mullens & Mullens in Philippi.
Taylor Circuit Court case number: 23-C-5
