Melvin v. Old Ben Coal Co.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court is defendant Old Ben Coal Company’s Motion to Dismiss plaintiffs’ Complaint. Plaintiffs claim that defendant’s longwall mining operation has caused the surface of the land owned and occupied by plaintiffs to subside, thereby resulting in damage to plaintiffs’ dwelling, swimming pool, and outbuildings. Count I of plaintiffs’ Complaint alleges a statutory claim for relief founded on Chapter 96V2, U 7904.02 of the Illinois Revised Statutes. Count II alleges negligence, and Count III alleges willful and wanton misconduct. In Counts IV, V,…