MORGANTOWN —The defendant in a case involving Northeast Natural Energy and a pipeline filed a counterclaim, seeking damages.
In the amended counterclaim, Edward A. Sine and Melody J. Sine claim when Northeast requested a water pipeline easement across their property in 2016 and they negotiated terms and conditions for the agreement.
The Sines claim during the negotiations, they specifically told Northeast's agent that a particular location on the property needed to be avoided that contained a certain tree that Edward Sine had planted and was also being considered as a building site for a new home for his family.
The Sines also wanted to ensure that the easement would avoid a stream adjacent to the restricted area.
Edward Sine met with Northeast's agent in December 2016 to confirm the agreed location of the easement and the following month, Northeast provided an agreement for the Sines to sign.
The easement was scheduled to be constructed between November and December 2017, and on Dec. 9, 2017, Edward Sine discovered the pipeline had been installed in the wrong location.
In the counterclaim, the Sines claim Northeast committed fraud, intentional trespass and a material breach of contract.
Northeast filed the case against the Sines in 2018, claiming that it paid both Edward Sine and Melody Sine $11,115 each for the easement and that it didn't become aware that the pipeline wasn't completely within the bounds of the easement until after it was installed.
Northeast claims it offered the Sines additional compensation to purchase a similar pipeline easement and right of way for the portion of the property on which the pipeline was installed that was not within the easement, but that was refused.
The company also offered to remove the pipeline and reclaim the disturbed property outside of the easement, but that offer was also refused.
Northeast claims it informed the Sines it would enter the easement to alter the water pipeline so that an operational pipeline would be wholly within the boundaries of the easement, but that it would not enter his property outside of the easement.
"Edward Sine has no legitimate ground to invalidate Easement and his refusal to permit Northeast onto the Easement is improper and will cause Northeast to suffer irreparable harm," the complaint states.
Northeast is seeking an order enjoining the Sines from interfering with or otherwise prohibiting or attempting to prohibit Northeast's exercise of its valid property rights in the easement. It is represented by Matthew P. Heiskell of Spilman Thomas & Battle.
The Sines are represented by Brian J. Warner and J. Robert Russell of Shuman, McCuskey & Slicer; and Roger L. Cutright and Andrew R. Cutright of Cutright Law.
Monongalia Circuit Court Case number: 18-C-99