FAYETTEVILLE — A real estate property owner is suing Danny Webb and Danny Webb Construction Co., Inc., a frack fluid disposal operator, citing alleged breach of fiduciary duty and unjust enrichment.
North Hills Group Inc. filed a complaint against the defendants in Fayette Circuit Court, alleging that they breached their duty not to contaminate the plaintiff's property. According to the lawsuit, the plaintiff alleges that on Nov. 30, 2001, it conveyed a parcel of land consisting of 4.76 acres of tract for defendant Webb to start his frack waste injection business with the agreement that they may only inject salt water into the well.
In January 2018, it was discovered that hydrocarbons emanating from the defendant's pipeline contaminated the soil beneath and around the pipeline. The plaintiff holds Danny Webb and Danny Webb Construction responsible because the defendants allegedly breached the terms of the lease by injecting fluids other than salt water, namely frack waste and coal bed methane waste into the well.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, costs, interest and such other just and necessary relief. He is represented by Kevin W. Thompson and David R. Barney of Thompson Barney in Charleston.
Fayette Circuit Court Case number 19-C-2