CHARLESTON — A Cross Lanes couple is suing Blue Eagle Land for flooding that caused them to have to move.
Blue Creek Mining, Point Lick Energy, Investment Management Group, Silver Horse Services, Cedar Trucking Company, Clarence N. Joyce and PAC Logging were also named as defendants in the suit.
Deborah Boner and Earl Boner were owners of property in Kanawha County on Campbell's Creek Drive and on Aug. 15, 2022, flooding occurred that made the property inhabitable, according to a complaint filed in Kanawha Circuit Court.
The Boners claim the property was sold in January 2023, but was sold at a loss because of the property damage that resulted from the flooding.
The Boners claim the defendants participated in mining and timbering operations in the area that increased the flow of stormwater runoff into Campbell's Creek and onto properties below the defendants' operations.
"Defendants engaged in or permitted others to engage in extensive land-disturbing activities on their land draining into Campbell's Creek Sub-Watershed," the complaint states.
The Boners claim the defendants' blasting operations, surface mining and extensive cutting and removal of timber caused an increase in the flow of water and contributed or caused the flooding that the plaintiffs' suffered.
The defendants violated the provisions of their mining permits and other permits, according to the suit.
"The Defendants failed to provide for and/or maintain adequate sediment control structures and/or stormwater runoff systems to prevent or lessen damage to others from sediment and debris jams in the natural drains and increased stormwater runoff from Defendants' properties," the complaint states.
The Boners are seeking compensatory damages. They are represented by John H. Skaggs of Calwell Luce diTrapano in Charleston and G. Patrick Jacobs of Jacobs Law Office in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-353
