CLARKSBURG – A lawsuit was filed against Harrison County Coal Company alleging its underground mining operations caused property damage.
Consolidation Coal Company was also named as a defendant in the suit
Jeffrey H. Michael acquired his interest in a 166.83 acre tract; a 79 acre tract; and a 33.75 acre tract of ground situate in Marion County in 2000, according to a complaint filed Feb. 14 in Marion Circuit Court and removed to federal court on March 20.
Michael claims the defendants began conducting long-wall mining operations under and adjacent to the properties owned by Michael in March 2016.
During and subsequent to the mining operations, the plaintiff noticed damages to the properties, the structures and to his natural water supplies, according to the suit.
Michael claims as a result of the negligent, illegal and improper long-wall mining operations conducted by the defendants, he suffered damage to the residence, horse barn riding arena, barn and other outbuildings on the properties; a loss of natural water sources situated on or servicing the properties; a diminution of the total value of the properties; loss of use of the properties and/or structures; annoyance and inconvenience; a functional impairment of the surface lands; and loss of income.
The defendants have failed to correct the damages done to Michael’s properties, according to the suit.
Michael claims the defendants have violated the terms of the mining permit granted to them by the state of West Virginia.
The defendants failed to provide for replacement, repair or compensation to the plaintiff for his damages, according to the suit.
Michael is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Eric M. Gordon and Adam E. Barney of Berry, Kessler, Crutchfield, Taylor & Gordon; and Robert J. Fitzsimmons of Fitzsimmons Law.
The defendants are represented by Melissa M. Barr and Rodger L. Puz of Dickie McCamey & Chilcote.
U.S. District Court for the Northern District of West Virginia case number: 1:18-cv-00058