MOUNDSVILLE — A property owner is suing Consol Pennsylvania Coal Company LLC, a coal mining company, citing alleged breach of duty.
Michael S. Riggle filed a complaint on June 8 in Marshall Circuit Court against Consol Pennsylvania Coal Company LLC alleging that the coal mining company failed to comply with the Surface Coal Mining and Reclamation Control Act.
According to the complaint, the plaintiff alleges that he suffered damages to all permanent buildings and fixtures located on his property, loss of natural water, diminution of the value of his property and loss of use of the property. The plaintiff holds the defendant responsible because it allegedly conducted long-wall mining under and adjacent to his property, failed to correct the damages or adequately compensate for them and violated the terms of the mining permit granted to it by the state of West Virginia.
The plaintiff requests a trial by jury and seeks judgment against the defendant to compensate for all damages, pre-judgment and post-judgment interest, attorney's fees and costs and such other relief as the court deems just and proper. He is represented by Eric M. Gordon of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville.
Marshall Circuit Court Case number 16-C-93-H