WHEELING — The defendant in a land damage lawsuit is seeking to move the case from magistrate court to circuit court.

The petition was filed March 7 in Ohio Circuit Court.

In the original complaint filed Feb. 4, Marc Seamon of Wheeling accused Rayle Coal Co. of trespassing on his land while conducting operations on the Hopkins surface mine. The suit says Rayle tore up 965 feet of land with heavy equipment and uprooted seven trees and 30 shrubs, creating a large pile of debris. Seamon seeks damages of $3,979 for equipment and labor to repair the alleged damage.

Rayle Coal Co. says the case falls under circuit court jurisdiction because the amount in controversy exceeds $2,500.

Rayle Coal Co. is represented by attorney Christina S. Terek of Spilman Thomas & Battle of Wheeling. Seamon is representing himself.

Ohio Circuit Court Case number 16-C-72

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