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property, cut down trees, build roads, installed electric <br />power lines, drilled a great shaft Fourteen (14) feet in <br />diameter and Six hundred (600) feet deep, installed giant <br />blowers used to extract gas from the mine and put it into <br />the atmosphere. Years later Defendant denies that such a <br />deal was struck now that their operation is complete and <br />running. Plaintiffs have lost approximately 4.6 acres of <br />the land. Plaintiffs have further been deprived of the use <br />of approximately 80 acres of Plaintiffs land due to the <br />actions of Defendant. <br />28. Plaintiffs would show that in the drilling of the <br />airshaft that the casing job was negligently done and the <br />water bearing formation lying between the surface of the <br />ground and the total depth of the airshaft (approximately <br />600 feet) was damaged in that a considerable water leak came <br />down hole due to improper casing and that this interrupted <br />and/or ruined a water well owned by the Plaintiffs and <br />located in close proximity to the airshaft. Plaintiff's <br />bring suit for FIFTY FIVE THOUSAND DOLLARS ($55,000.00) for <br />the damage to Plaintiff's well and water formation and <br />alternatively fo'r specific performance to replace <br />Plaintiff's lost water. <br />" 29. Further, Plaintiffs bring suit for the cost to remove <br />structures placed on Plaintiffs property by Defendant, and <br />to return Plaintiffs property to the condition it was in <br />,1 prior to Defendants placing the air-shaft on Plaintiffs <br />property. The cost to restore the property is FIFTEEN <br />~ THOUSAND DOLLARS ($15,000.00). <br />30. The Defendants have failed and refused to allow <br />Plaintiffs to water Plaintiffs "Torres tract!' per the <br />agreement between Plaintiff and Defendant. Plaintiffs have <br />been deprived of the hay crops on the Torres property and <br />the value of such crop from 1992 through 1996 would be FIFTY <br />THOUSAND DOLLP.RS ($50,000.00). Further,Plaintiffs would <br />show that Plaintiffs have been damaged in their ability to <br />graze livestock on the Torres tract due to the loss of the <br />irrigation water and such grazing loss would be TWENTY <br />THOUSAND DOLLARS ($20,000.00) from 1992 through 1996. <br />31. Plaintiff's Torres tract has been damaged in value as <br />Plaintiff's were deprived the right to irrigate and to water <br />rights. Thus Plain*_iffs have suffered a monetary loss due to <br />the acts of Defendant and sues for FORTY THOUSAND DOLLARS <br />($40,000.00) for the loss in value of Plaintiff's property <br />due to Defendant's acts. <br />32. Plaintiff: riculd show that Defendant has breached a <br />contract and agreement whereby Plaintiff was induced to <br />allow Defendant t~ come unto Plaintiffs land, destroy trees <br />and pasture acid install buildings and structures based upon <br />Defendant's re.preaentation of a trade for water at Torres. <br /> <br />