WILLIAMSON — Eleven lawsuits were filed against Lexington Coal Company alleging it violated state agency orders regarding de-watering coal mine pools.
Hampden Coal Company was also named as a defendant in the suit.
Murile Albery; Willard Adkins and Connie Adkins; Leslie Hobbs and Emelia Hobbs; Gary Vannatter and Ashley Vannatter; Brian Davis and Jennifer Davis; Dale Robertson and Goldie Robertson; Terry Sammons and Kayla Sammons; Danny Hobbs and Jennifer Hobbs; Wade Smith; Derek Estep; and Harmon Hardin and Susan Hardin filed lawsuits arguing that in March 2021, West Virginia Department of Environmental Protection issued findings after they had filed complaints, according to the complaints filed Dec. 30 in Mingo Circuit Court.
The plaintiffs claim DEP found that the damage done to their properties may be due to mine pool levels resulting in abnormal ground saturation and that the defendants had repeatedly violated orders and caused the damage to the plaintiffs' properties.
"The WV DEP ordered Defendant Hampden to dewater its mine pool related to permit U-5095-87; however, Defendant Hampden willfully and flagrantly violated the WV DEP orders and was issued accordant notices of violation," the complaints state.
Hampden's willful refusal to run the dewatering pumps caused damage to the plaintiffs' real and personal property and continue to do so.
"Deleterious floods and detrimentally intrusive water seepage" have happened on the plaintiffs' properties and caused them damages.
The defendants were negligent and have essentially trespassed on the plaintiffs' properties, according to the suits. The plaintiffs claim the defendants continue to be negligent since they have yet to abide by the DEP orders.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Shawn R. Romano and Miles B. Berger of Romano & Associates.
The cases were assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case numbers: 21-C-158, 21-C-159, 21-C-160, 21-C-161, 21-C-162, 21-C-163, 21-C-164, 21-C-165, 21-C-166, 21-C-167, 21-C-168