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Fairview couple sues energy company over unauthorized construction on property

A Fairview couple is suing an oil and gas company for trespassing and building a wall on their property without permission.

Jack and Margaret Yost filed the lawsuit against Northeast Natural Energy, LLC and John Doe persons and/or entities in Monongalia County Circuit Court on Jan. 3. The John Doe refers to anyone else involved in the conduct described in the lawsuit but whose identity hasn’t yet been discovered.

Northeast Natural Energy did not return a request for comment on the suit in time for this article.

The Yosts own property on Mount Harmon Road which was damaged as a result of the defendants’ actions, the suit states. Northeast Natural Energy operates an oil and gas well which can be accessed from that road.

Due to the energy company’s equipment and heavy trucks traveling on Mount Harmon Road, the roadway near the Yosts’ home was “significantly damaged” when a slip occurred, the suit states.

On Feb. 1, 2019, Northeast Energy and/or other people entered the Yosts’ property without permission, excavated or otherwise modified it, caused damage by removing trees and flora and built a permanent wall, according to the suit.

The Yosts suffered emotional distress from the actions of the defendants, which the suit states was “atrocious, intolerable, and so extreme and outrageous as to exceed the bounds of decency.”

The suit seeks compensation for the Yosts’ economic loss, loss of use and enjoyment of property, emotional distress, annoyance and inconvenience. The suit also asks the court for punitive damages to punish the defendants and deter similar conduct in the future — both from the defendants and others in similar situations — as well as attorney’s fees, interest and other relief the court deems appropriate.