WILLIAMSON — A couple is suing a gas company, alleging its use of their land for gas acquisition is trespassing.
Ervin and Cheryl Harvey filed a complaint in Mingo Circuit Court against Heartwood Forestland Fund II L.P.; EQT Production Co., dba Carnegie Production Co., dba Eastern States Oil & Gas Inc., dba Equitable Production Co., dba Equitable Resources Energy Co.
The suit states the defendant installed gas wells on the property in February 1963 and April 1977. The plaintiffs acquired the subject tract of land in July 9, 2008, by which action the plaintiffs have power over the use of the land and the defendant must cease drilling. The plaintiffs report writing a number of letters to the defendant as the defendants were selling gas from the plaintiff's property, which constitutes trespassing, but the defendant has failed to cease operations.
The defendant is accused of violation of West Virginia code, slander of title, unjust enrichment, tortious interference with rights, conversion of property and violation of covenant/mineral trespass.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs and trial by jury. The plaintiff is represented by Stephen New of The Law Office of Stephen P. New in Beckley.
The case has been assigned to Judge Miki Thompson.
Mingo Circuit Court case number 19-C-21