Dec 23, 2009
MacGillivray Law
Families Fed Up
An Article From The New Glasgow Paper, “The News”, Discussing A Legal Action From Two Families In Stellarton Represented By MacGillivray Injury And Insurance Law
STELLARTON - Two families in Stellarton are suing for damages against the strip mine in the town.
Robin and Patricia Lloyd and Charles and Angeline Stewart are named as plaintiffs in the statement of claim filed with the Nova Scotia Supreme Court against the strip mine, owned by Pioneer Coal and Nova Construction. They are suing for nuisance.
Both couples have lived in their homes in the Evansville area, near the strip mine, since 1993. A close-knit community where families have raised their children for generations, it's been virtually replaced by the strip mine.
"The plaintiffs state that in or around January of 1994, the defendants commenced the operations of the strip mine in close proximity and adjacent to the plaintiffs' homes," states the claim prepared by lawyer Jamie MacGillivray. "The strip mine expanded in the proceeding years, removing more acres of earth, flora and fauna around and adjacent to the plaintiffs' homes. The plaintiffs' homes are at the present time almost surrounded by the strip mine."
The families say the operation also produces excessive particulate matter, including coal dust, which damages their homes and diminishes property value.
The mine is operated in a way that also creates excessive noise, the statement claims.
"The defendants' heavy equipment and machinery produced unreasonably excessive noise in consideration of the proximity of the plaintiffs' homes to the strip mine," the statement notes. "The strip mine causes vibrations throughout the plaintiffs' homes."
The plaintiffs are also fearful of the potential harmful health effects caused from this exposure to the particulate matter.
The Lloyds and the Stewarts say these actions by the defendants constitute an unreasonable and substantial interference with their ordinary use and enjoyment of their homes for the tort of nuisance.
"Our office will be taking steps to try and assess the impact of this operation on the community as a whole," MacGillivray said. "The strip mine was expanded in recent years and is now less than one half a mile from G.R. Saunders Elementary School. We are going to access the Provincial Department of Environment records to determine what the province is doing to protect the community."
The two couples are seeking damages for the diminution of their property; the replacement costs for damages to their property and general damages.
The companies will be served within the next few days and will have 20 days to respond.
Originally published by The News, December 23, 2010
Topics: Long Term Disability, Auto Accident, Civil Suits
