Property owners allege mining complex operator broke law

By Philip Gonzales | Nov 23, 2016

WHEELING — An Ohio County couple is suing an Oklahoma-based mining complex operator, alleging an illegal and improper long-wall mining operation.

Daniel Lee Henry and Diane L. Henry filed a lawsuit Nov. 3 in Ohio Circuit Court against Tunnel Ridge LLC of Tulsa, Oklahoma, alleging violation of the West Virginia Surface Coal Mining and Reclamation Act.

According to the complaint, the Henrys suffered damages to all permanent buildings and fixtures on their Ohio County property, plus loss of natural water supply and diminution in value of their land due to the actions of the defendant. The plaintiffs allege Tunnel Ridge breached its duty not to damage the Henry property and failed to correct and/or compensate for the plaintiffs' damages,.

The Henrys seek trial by jury, compensation sufficient for all their damages, pre- and post-judgment interest, attorney fees and costs of court and all just and proper relief. They are represented by attorney Eric M. Gordon of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville.

Ohio Circuit Court Case number 16-c-334

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