Holding company says Bluestone Coal didn't make lease payments

By Annie Cosby | Apr 21, 2014

BECKLEY -- A Delaware company with offices in Raleigh County is suing over claims a defaulting leasee has failed to surrender the property in question.

Chestnut Land Holdings LLC filed a lawsuit March 24 in Raleigh Circuit Court against Bluestone Coal Corporation and Mechel Bluestone Inc., citing tortious interference with business relationships, contracts and expectations and civil conspiracy.

According to the complaint, on April 6, 2011, Chestnut Land Holdings purchased the right, title and interest in the Bishop Loadout property in McDowell County from Consolidation Coal Company. The lawsuit says on March 20, due to multiple defaults, Chestnut terminated a lease Consolidation Coal had begun with Bluestone Coal in 2005 for using the property for loading and hauling.

Chestnut says per the terms of the lease, it should have inherited all agreements Bluestone held in regard to the property, including one with Norfolk Southern Railway Company for loading railcars.

According to the lawsuit, Bluestone has failed to surrender the property and the contract with Norfolk Southern and continues to prevent Chestnut from using the property.

Chestnut Land Holdings is seeking damages and judgment to prevent the defendant from obstructing the plaintiff from activity on the property in question.

It is being represented in the case by attorneys Roger D. Hunter and Anthony J. Sparacino Jr.

Raleigh Circuit Court Case No. 14-C-268-H

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