Cypress Flats Land Co., LLC et al v. River View Coal, LLC

Case Background

Plaintiffs Cypress Flats Land Co., LLC and Neal Greenwell Farmland, LLC filed a real property lawsuit in the Kentucky Circuit Court, Fifth Judicial Circuit against River View Coal, LLC. The lawsuit centered on a dispute regarding the lessee’s usage of tunnels and voids in the coal mine after inactivity. Judge C. Rene Williams presided over this lawsuit. [Case number: 15-CI-00212]

Cause

The Plaintiffs Cypress Flats Land Co., LLC and Neal Greenwell Farmland, LLC, also known as Surface Owners, sued River View Coal, LLC (River View) over its use of underground mining tunnels and voids. The Surface Owners held rights to the land above the coal seams, while the mineral rights had been transferred to the Coal Estate Owners. River View, as the lessee, had the right to mine the coal in these seams.

The lawsuit raised two key issues: first, whether a lack of mining activity ended the lessee’s right to use the tunnels and voids, and second, whether the lessee could lawfully use those tunnels and voids for activities such as disposing of coal waste.

Damages

The Surface Owners sought compensation for River View’s use of tunnels and voids after a period of inactivity and for activities such as disposing of coal waste.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Cypress Flats Land Co., LLC | Neal Greenwell Farmland, LLC
    • Counsel for Plaintiff(s): John C. Whitfield
  • Defendant(s): River View Coal, LLC
    • Counsel for Defendant(s): P. Douglas Barr

Claims

The Surface Owners argued that they held a property or usage interest in the voids. They claimed River View trespassed by using these voids to deposit coal slurry. The Surface Owners believed they were entitled to compensation, as another mining operation had made payments for similar actions.

Jury Verdict

The jury ruled in favor of River View, agreeing that inactivity in the coal mine did not eliminate the right to use the tunnels and voids.

The Court determined that the lessee could carry out lawful mining activities, including the allowed disposal of coal waste, in these tunnels and voids. It also concluded that Kentucky law, which had been in place for years, permitted the lessee to use the tunnels and voids for any lawful purpose, even during periods without mining activity.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com