Matthew Watson and Nina Watson own property in Wetzel County and it adjacent to property owned by CONSOL and/or CNX, according to a complaint filed in Wetzel Circuit Court and removed to federal court on April 6.
The Watsons claim the CONSOL property was used in connection with the defendants’ coal mining operations.
The defendants had a duty to refrain from unreasonably casting water onto neighboring properties and had a duty to maintain the CONSOL property so as to prevent water from being unreasonably case onto neighboring properties, according to the suit.
The Watsons claim the defendants breached their duties with regard to the ownership and maintenance of the property.
The defendants, by their actions and/or omissions in failing to properly maintain the property, substantially and unreasonably interfered with the plaintiffs’ private use and enjoyment of their property, according to the suit.
The Watsons claim the defendants nuisance has caused them to suffer losses and damages to their property.
The Watsons are seeking compensatory damages. They are being represented by Daniel C. Cooper and Jamison H. Cooper of Cooper Law Offices.
The defendants are represented by Charles F. Johns and Jamie Chapman of Steptoe & Johnson
U.S. District Court for the Northern District of West Virginia case number: 5:17-cv-00042