November 8, 2012
LOGAN — Flooding that occurred in the Mud Fork Creek watershed in March prompted a Logan couple to file suit against Fountain Place companies.
Listed as defendants are Fountain Place Shopping Center, LLC, Fountain Place, LLC, and Fountain Place Holdings, LLC doing business as Ellis Branch Quarry. The civil action filed by Kermit and Tamra Johnson cites negligence and unreasonableness in conducting surface mining, mining reclamation and post-mining construction.
The couple’s property was damaged as a result of flooding on March 23. The suit alleges the companies’ activities were below the standard of care and were the proximate cause of and/or materially contributed to the flooding.
Suit papers say W.Va. mining regulations intended to reduce surface water runoff and/or minimize downstream sediment deposition were violated. It further states analyses and plans to control runoff were not made before, during or after conducting their activities and plans were not developed or implemented to control the runoff or sediment disposition when harm could come to property of neighboring landowners. The claim concludes by stating the risk of further flooding and damage still exists.
The Johnson’s are asking for a jury trial for issues so triable, compensation for damages to the property, punitive damages, pre- and post-judgment interest, and any and all other relief available under the law and in equity.