A Wheeling couple's lawsuit against Consolidation Coal Co. has been moved to federal court.
John and Becky McCord had originally filed suit in Ohio County Circuit Court in November for breech of contract and bad faith. At the time Consolidation Coal was part of Canonsburg, Pa.-based Consol Energy, but it's since been sold to Murray Energy.
The McCords claim subsidence from underground longwall mining operations at Shoemaker Mine heavily damaged their home on Stone Church Road. While a subsidence agreement they signed in February 2012 guarantees Consolidation Coal will pick up the tab for repairs or replacement, the McCord's say neither the $268,240 estimate prepared by the company's expert nor the $280,000 Consolidation Coal offered them to settle comes close to their actual losses.
They also claim that, contrary to the terms of the subsidence agreement, they were not given any say in choosing a company to do the post-mining inspection.
The McCord's say they've incurred significant costs for demolition, site preparation, alternative living expenses and storage as well as attorney fees.