Fed Court Dismisses WV Landowner Lawsuit Against EQT re Surface Use

Here's a lawsuit that was not previously on our radar. A West Virginia couple, Bart Mickey and Jami Mickey, sued EQT alleging the company concealed a 2020 Surface Access and Use Agreement allowing EQT to remove a pond, diminishing the value of a property the Mickey's purchased in Marshall County for $350,000. The Mickeys said in their lawsuit that EQT signed a deal with the previous owners of the property, allowing EQT to remove a pond for $10,000 (an action required under a 2015 Consent Decree with the EPA and WVDEP). Then, EQT (according to the Mickeys) delayed recording the easement with the county. When buying the property, the Mickeys said the easement/deal did not appear in a title search.

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