Four individuals accuse Viking Energy of trespassing

By Kyla Asbury | Aug 17, 2015

CHARLESTON – Four individuals are suing Viking Energy Corporation after they claim the company trespassed on their properties.

M&S Properties LLC also was named as a defendant in the suit.

Denver Davis, Donna Sue Davis, Gary Shaffer and Patti Lee Shaffer own real property in Poca, according to a complaint filed in Kanawha Circuit Court.

The plaintiffs claim they have not granted waste injection rights to Viking or any other party and none of their parcels of property are subject to any party's right to inject waste, whether by active lease, severance deed, contract or other instrument.

Viking installed equipment on the plaintiffs' property without their permission and over their clear objection, according to the suit.

The plaintiffs claim Viking also installed fencing and other appurtenances associated with injection, all directly on their properties and all installed without notice of permission.

Viking destroyed timber, cleared land and placed industrial debris on the plaintiffs' properties, all without permission or notice, according to the suit.

The plaintiffs claim they attempted to resolve the dispute without resort to litigation, but Viking rebuffed them.

Viking failed to cite or provide any law, lease, deed or other authority that conferred on it the right to permanently dispose of waste on the plaintiffs' property without their permission and Viking failed to cease its continuing trespasses upon multiple notices by the plaintiffs, according to the suit.

The plaintiffs claim Viking's actions are harming them and damaging the property.

Viking trespassed and willfully trespassed on the plaintiffs' property, according to the suit.

The plaintiff claims the defendants were unjustly enriched at the expense of the plaintiffs.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Isak Howell and Joseph M. Lovett.

The case is assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 15-C-1208

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