Couple sues to enforce coal companies' previous relocation promises of no future industrial operations

By Angelino Menconi | Nov 12, 2015

LOGAN – A Logan County couple has filed suit to enforce coal company promises to refrain from future industrial operations when the couple agreed to relocate in 2006.

Danny and Dreama Peters filed suit Oct. 13 in Logan Circuit Court against K.C. Transport Inc., Hampden Coal LLC, Blackhawk Mining West Virginia LLC, and Gary Corns for alleged nuisance violations and violations of the West Virginia Surface Mine and Reclamation Act and other infractions.

In 2006 the plaintiffs allegedly agreed to relocate to their current Accoville residence pursuant to a relocation agreement in which defendant Corns helped negotiate, the complaint states. The Peters argue that the coal trucking route and major staging area adjacent to their home violates the relocation agreement, nuisance laws and other similar state statutes.

The plaintiffs are demanding the trucking operations be stopped, plus unspecified compensatory damages, punitive damages and costs. They are represented by Samuel B. Petsonk of Mountain State Justice Inc. of Charleston. The case has been assigned to Circuit Judge William Douglas Witten.

Logan Circuit Court case number 15-C-291

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