West Virginia Record

Monday, February 24, 2020

Lawsuits filed against Fish Creek water withdrawal operator for noise


By Kyla Asbury | Dec 31, 2018


MOUNDSVILLE — Two lawsuits were filed against HG Energy II Appalachia LLC (HEA) after the plaintiffs claim its constant noise causes several individuals to not be able to use their campsite near Fish Creek.

Roy Shain Meadows and Cynthia M. Meadows; and David S. Meadows and Belinda K. Meadows filed the lawsuits against HEA, which operates a water withdrawal site on the opposite side of Fish Creek from the plaintiffs' campsite.

Roy Shain Meadows and Cynthia M. Meadows own the campsite in Proctor and like to camp on the property with David S. Meadows and Belinda K. Meadows. The property is nearly 3 acres.

The defendant's operation of the water withdrawal site is so noising and the plaintiffs cannot stand to be outside on the property or to even stay at their camp property during the summer months due to the continuous and frequent sounds coming from the water withdrawal site, according to the suits.

HEA's continuous and constant traffic, construction and operations at Fish Creek have also caused noise pollution to the camp property during both day and night, according to the suits.

The plaintiffs claim the defendants' actions were intentional and caused them to not be able to enjoy the campsite.

The defendants' actions also caused them the risk of exposure to noises and debris being expelled from the Fish Creek site, according to the suits.

The defendant's actions have created a substantial and unreasonable interference with the plaintiffs' private use and enjoyment of the campsite, according to the suits.

The plaintiffs' claim the defendant's actions were negligent and reckless and have caused the plaintiffs to suffer annoyances, inconveniences, and anguish, stress and anxiety.

The plaintiffs are seeking compensatory and punitive damages. They are represented by James G. Bordas Jr. and Jeremy M. McGraw of Bordas & Bordas.

Marshall Circuit Court case numbers: 18-C-250, 18-C-251

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Organizations in this Story

Bordas & Bordas PLLCMarshall Circuit Court

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