Couple accuse Bailey Coal Mines of causing property damage

By Robert Hadley | Feb 27, 2016

MOUNDSVILLE – A Marshall County couple claims a coal company damaged buildings and water supplies on their 97-acre property in Cameron.

Dustin and Mollie Neely filed a lawsuit on Feb. 12 in Marshall Circuit Court against Consol Pennsylvania Coal Company LLC, doing business as Bailey Coal Mines, alleging breach of a mining permit and violation of the state’s Surface Coal Mining and Reclamation Act.

According to the complaint, after Consol began mining on nearby land, the Neelys saw damage to buildings and fixtures on their property, loss of natural water sources, and a reduction in the property’s value and income potential. The suit says Bailey violated its mining permit by failing to correct any damage its long-wall mining caused to the land.

The Neelys seek a jury trial, and punitive and compensatory damages, plus interest and attorneys’ fees. They are represented by attorney Eric M. Gordon of Berry, Kessler, Crutchfield, Taylor & Gordon of Moundsville.

Judge Jeffrey Cramer is assigned to the case.

Marshall Circuit Court Case number 16-C-29C

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