MOUNDSVILLE — Two landowners have filed a class-action lawsuit against McElroy Coal Company, The Marshall County Coal Co., Murray Energy Corp. and Neil W. Fowkes, mining operators, citing alleged promissory estoppel.
Christopher Clark and Laura Clark filed a complaint on July 23 in Marshall Circuit Court against the defendants alleging that they violated the West Virginia Surface Coal Mining Reclamation Act and related regulations.
According to the complaint, the plaintiffs allege that Christopher Clark and Laura Clark have suffered substantial and material damages to their real and personal properties. They also experienced annoyance, inconvenience, loss of use of property and diminution of its value, they allege. The plaintiffs hold the defendants responsible because they allegedly removed the coal underlying their surface estate, refused to fix or replace any damage to their home and failed to adopt any measures to prevent subsidence from causing material damage and to maintain the value of the surface lands.
The plaintiffs request a trial by jury and seek judgment against the defendants jointly and severally, for all compensatory damages, pre- and post-judgment interest, attorneys' fees, costs and all other relief as the court deems proper. They are represented by James G. Bordas and Jeremy M. McGraw of Bordas & Bprdas PLLC in Wheeling.
Marshall Circuit Court Case number 16-C-131