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Friday, April 26, 2024

Three property owners sue SWN Production Company for storm water runoff

State Court
Hail

MOUNDSVILLE — Three lawsuits were filed against SWN Production Company alleging it caused property damage.

Michael and Bria Murphy, Brenda K. Yoho and Brian and Stacey Norman all own property in Moundsville, according to three complaints filed in Marshall Circuit Court.

The plaintiffs claim SWN Production also owns real estate in which it constructed and operates the Robert Young MSH Well Pad that is located near the plaintiffs' property.

"Defendant...altered the natural landscape and surface of the area where it constructed and continues to maintain and operate the Robert Young MSH Well Pad and its associated access road," the complaints state. "The physical alterations Defendant...has undertaken and which it continues to maintain regarding the Robert Young MSH Well Pad have directly resulted in the unnatural and unreasonable flow of surface waters, rain water and/or other drainage onto the surface of the real estate owned by Plaintiffs..."

The defendant owed duties to the plaintiffs to not cause improper and unreasonable flow of waters and drainage and breached those duties, according to the suits.

The plaintiffs claim by not taking reasonable and necessary efforts to limit the extent of any changes in the flow of water, and by not taking reasonable precautions to protect the plaintiffs' properties from damage, the defendant breached its duties to the plaintiffs.

The defendant's activities have caused a decrease in the value of the plaintiffs' properties, according to the suits.

The plaintiffs claim the physical invasion of their land by the increased and altered water flow rate caused an intentional intrusion and/or a negligent intrusion and/or constituted an extra hazardous activity undertaken by the defendant.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Jeremy M. McGraw of Bordas & Bordas in Wheeling.

The cases are assigned to Circuit Judge David Hummel and Jeffrey Cramer

Marshall Circuit Court case numbers: 21-C-31, 21-C-32, 21-C-33

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