Landowner blames mine for surface damages

By Carol Ostrow | Jun 18, 2015

MOUNDSVILLE — Claiming unlawful impairment of his land, buildings and natural resources, a Marshall County property owner filed suit against a Canonsburg, Pa., coal mining company claiming property damage in 2013-2014.

Raymond A. Young Jr. filed a grievance against Consol Pennsylvania Coal Co. LLC d/b/a Bailey Deep Mine in Marshall Circuit Court, claiming damages from the defendant’s long-wall underground mining activities from May 2013 through March 2014.

According to the filing, the plaintiff’s 591 Compston Hill Road property in Cameron, adjacent to the defendant’s operation, was compromised by mine activity.

Young claims damages to buildings and fixtures on his property; a loss of natural water sources and supplies on his land, including a large pond; decreased property value; loss of use of his buildings; annoyance and inconvenience; and impairment of land surface, including physical changes that adversely impact the land’s use.

The suit states that the defendant is in violation of the Surface Coal Mining and Reclamation Control Act. The plaintiff alleges that Bailey owes a duty to him to maintain the value and use of the surface lands; to correct any material damage to the surface land or its structures; and to take measures to prevent damage.

Arguing that the defendant intentionally violated the terms of its state-issued mining permit, specifically its subsidence control plan, the plaintiff claims that its acts were willful and reckless, entitling him to punitive damages.

Young seeks compensatory and punitive damages, pre- and post-judgment interest, experts’ and attorneys’ fees, and costs. He is represented by Eric Gordon of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville. The case has been assigned to Judge David W. Hummel.

Marshall Circuit Court case number 15-C-79

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