Mineral rights receiver alleges mining company breached agreement

By Philip Gonzales | Mar 21, 2017

PRINCETON — A McDowell County company is suing a mining business, alleging breach of a joint venture agreement.

PRINCETON — A McDowell County company is suing a mining business, alleging breach of a joint venture agreement.

High Country Mining Inc. filed a complaint Feb. 16 in Mercer Circuit Court against Triple 7 Commodities Inc. alleging it failed to comply with the terms of their joint venture agreement.

According to the complaint, on Aug. 22, 2016, High County Mining entered into a joint venture agreement with Triple 7 to purchase West Virginia Wellston Coal Properties and all related mineral rights. However, the suit says, the deed acquired by the defendant Sept. 13, 2016, does not include the plaintiff's name as co-grantee. 

The plaintiff alleges Triple 7 Commodities acquired the mineral rights and permits associated with the property without including High County's name as grantee and has refused to add plaintiff's name as grantee.

High County Mining seeks trial by jury, an order directing the defendant to execute the proposed terms of the JVA and that the plaintiff be permitted to apply to have its name placed on the mining permits, attorney fees, court costs and all other appropriate relief. It is represented by attorney William H. Sanders of Sanders, Austin & Flanigan in Princeton.

Mercer Circuit Court Case number 17-c-77

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