CHARLESTON – A couple is suing KC Transport after they claim it is operating an unlawful coal trucking route that is a nuisance.
Hampden Coal LLC; Blackhawk Mining WV LLC; and Gary Corns were also named as defendants in the suit.
Danny Peters and Dreama Peters the defendants unlawfully operated a coal trucking route and a major staging area and maintenance lot for coal trucks immediately adjacent to their home in a residential community, according to a complaint filed Oct. 16 in Logan Circuit Court and removed to federal court on Nov. 25.
The couple claims the coal trucks are uncovered and inadequately cleaned, which violates West Virginia code.
The defendants’ conduct is uncommonly willful and wanton because Corns previously coordinated a relocation agreement, causing the couple to move away from a similar high-traffic industrial area in Saunders, which the couple agreed to do, based on Corns’ promise that no such industrial nuisance would occur near the new home in Accoville.
Thereafter, Corns went to work with Blackhawk and willfully and knowingly arranged for an unwelcome, noisy, malodorous and dusty coal truck staging area and route to be located in front of the plaintiffs’ new home, despite having other locations available, according to the suit.
The couple left their previous home in 2006, and were led to believe that where their new home was located, they would never have to worry about living amidst the load racket, dust and diesel fumes of a coal mine or other industrial operation ever again in their lives.
However, on April 22, Corns came to the Peters’ home and notified them that Blackhawk intended to run coal on Accoville Hollow and offered to relocate them again, according to the suit.
The plaintiffs claim in August, KC Transport began bringing heavy-duty equipment into the staging area and in August and September, began setting up porta-potties on the fenceline between the Peters’ home and the staging area.
The couple claims the defendants’ actions constitute a nuisance and that the defendants are negligent.
The couple is seeking an injunction and compensatory and punitive damages. They are being represented by Samuel B. Petsonk of Mountain State Justice Inc.
KC Transport is represented by Stephen New.
Hampden, Blackhawk and Corns is represented by J.H. Mahaney, Grahmn Morgan and Ellen Kist of Dinsmore & Shohl LLP; and Edgar Allen Poe Jr. and Adam B. Poe of Pullin, Fowler, Flanagan, Brown & Poe PLLC.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-15609