MOUNDSVILLE – A Marshall County property owner alleges long-wall mining near his property has caused damages to buildings.
Joseph Scarlata, individually and as trustee under the Joseph Scarlata 2001 Revocable Trust, dated Nov. 27, 2001, filed a complaint Feb. 1 in Marshall Circuit Court against Consol Pennsylvania Coal Co. citing the Surface Coal Mining and Reclamation Control Act.
According to the complaint, the plaintiff owns a more than 90-acre tract of ground in Marshall County and that the defendant conducted long-wall mining operations under and adjacent to his property from March 2016 to June 2017.
He alleges that the defendant's operations have caused damages to his residence, barn and other buildings, loss of natural water, annoyance, inconvenience and diminution of value of the property.
The plaintiff holds Consol Pennsylvania Coal Co. responsible because the defendant allegedly failed to correct the damages and failed to adequately compensate him for the same.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, pre- and post-judgment interest, attorney's fees, costs and such other relief that is proper and just. He is represented by Eric M. Gordon and Adam E. Barney of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville. The case has been assigned to Circuit Judge David W. Hummel Jr.
Marshall Circuit Court case number 18-C-15