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Thursday, April 25, 2024

Coal Mountain couple accuses mining operators of trespassing

PINEVILLE — A Coal Mountain husband and wife are suing mining operators, alleging fraudulent misrepresentation and trespassing.

Gary Hatfield and Delorise Ann Mary Kathryn Hatfield filed a lawsuit Aug. 29 in Wyoming Circuit Court against Dynamic Energy Inc, Justice Highwall Mining Inc. and EQT Production Company, alleging trespassing and fraud. 

According to the complaint, in 2006 the Hatfields suffered damages to their home, garage and patio in Wyoming County due to defendants blasting activities, and Kathy Hatfield developed kidney cancer due to water contamination. 

The plaintiffs allege Dynamic Energy fraudulently filed an Aug. 25, 2008 deed, and Dynamic Energy or Justice Highwall damaged the plaintiffs' property by their blasting activities. The suit also alleges Dynamic Energy or Justice Highwall contaminated the plaintiffs' water and that Dynamic Energy and EQT trespassed on the plaintiffs' land.

The Hatfields seeks trial by jury, an order declaring the Aug. 25, 2008, deed void, a finding the defendants damaged their property, contaminated their water, and a finding the defendants trespassed on their property, plus damages, attorney fees and other relief. They are represented by attorney David E. Gilbert of Kirby, Gilbert & Ashley LC in Beckley.

Wyoming Circuit Court Case number 16-c-110

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