CHARLESTON – Twenty-two individuals are suing CONSOL of Kentucky Inc. after they claim their homes and properties were damaged because of the mine.
Chesapeake Appalachia, Chesapeake Energy Corporation and an unknown individual were also named as defendants in the suit.
Haskell Runyon Sr.; Donnie Baisden and Devonna Baisden; Ray Clark and Angela Clark; Thomas Fletcher and Lena Fletcher; Kenneth Neal and Brenda Neal; Wilma Reed; Freddie Runyon; Haskell Runyon Jr. and Bonnie Runyon; Frank Smith and Mary Smith; John Smith and Juanita Smith; Keith Stapleton; Walter Sullivan and Vickie Sullivan; Brian White; and Steven White are and/or were owners and/or residents and/or occupants of properties and/or homes near Williamson in Mingo County in the vicinity of creeks and streams that flow through, near or along their properties, according to a complaint filed Sept. 14 in Mingo Circuit Court and removed to federal court on Oct. 14.
The plaintiffs claim CONSOL operates a strip mine in close proximity of their properties and has caused damages to their properties.
CONSOL negligently, carelessly and unlawfully set off excessive explosives; trespassed or contributed to trespass on property of the plaintiffs and caused water to runoff onto their properties; damaged creeks and tributaries; created unnecessary loud and obnoxious noises and vibrations; and caused cracks in homes, according to the suit.
The plaintiffs claim as a result of the defendants' unlawful conduct, they incurred damage to their properties.
The defendants violated the West Virginia Surface Coal Mining and Reclamation Act and its implementing regulations, according to the suit.
The plaintiffs claim they lost their fair market value of their homes; their homes were damaged; they lost the use and enjoyment of their homes and properties; annoyance and inconvenience; emotional distress; cost and expenses in attempting to protect their home; and other injury and damages.
The plaintiffs are seeking compensatory and punitive damages. They are being represented by Marvin W. Masters of the Masters Law Firm LC. CONSOL is represented by Shawn A. Morgan and Charles F. Johns of Steptoe & Johnson PLLC.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-13958