West Virginia Record

Sunday, July 21, 2019

Couple blames CONSOL for property damage

By Kyla Asbury | Jul 21, 2015

WHEELING – A couple is suing CONSOL Pennsylvania Coal Company LLC after they claim their home was damaged by the defendant.

Between April 24, 2013, and June 9, 2013, longwall mining was conducted in the Baily Mine and it caused subsidence damage to the residence of Mark R. Lucey and Cathy J. Lucey, according to a complaint filed June 5 in Marshall Circuit Court and removed to federal court on July 7.

The Luceys claim material damages resulting from the subsidence have occurred to their home and structures and no repairs or compensation has occurred.

In spite of attempts, no resolution to the subsidence problems has been achieved, according to the suit.

The Luceys claim their residence remains damaged.

The defendants violated the West Virginia Surface Coal Mining and Reclamation Act, according to the suit.

The Luceys are seeking compensatory damages in excess of $100,000. They are being represented by David C. Hook of Hook & Hook.

The case is assigned to District Judge John Preston Bailey.

U.S. District Court for the Northern District of West Virginia case number: 5:15-cv-00086

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