Ohio County landowner alleges mining operation damaged his property

By Noddy A. Fernandez | Dec 14, 2018

WHEELING — An Ohio County property owner is suing a mining company, alleging breach of duty and negligence.

Richard Link filed a complaint in Ohio Circuit Court against Tunnel Ridge LLC, alleging violation of the Surface Coal Mining Reclamation Act by damaging his property during mining operations.

According to the complaint, in March 2015, Link's property in Valley Grove was damaged after Tunnel Ridge conducted long-wall mining operations under and the adjacent to his property. 

Link says he noticed material damages to his property from the structures and to the natural water supplies in the area. Furthermore, the suit says, despite promising on multiple occasions to repair or compensate Link for his damages, the defendant did not correct or compensate Link, causing annoyance, inconvenience and diminution of the total value of the properties. 

The plaintiff alleges Tunnel Ridge failed to correct the damages or adequately compensate Link despite knowing the extent of the damages as well as its obligation to correct or compensate the plaintiff.

Link seeks trial by jury, compensatory and punitive damages, pre- and post-judgment interest, expert fees, attorney fees, court costs and all other proper relief. He is represented by attorneys Eric M. Gordon and Andea C. Poling of Berry, Kessler, Crutchefield, Taylor & Gordon in Moundsville.

Ohio Circuit Court case number 18-C-254

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Berry, Kessler, Crutchfield, Tyalor & Gordon Ohio Circuit Court

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