Wilke Window and Door filed suit April 21 in St. Clair County Circuit Court blaming Peabody Coal Company for a mine subsidence event that damages some of its property on Lebanon Avenue in Shiloh.

According to the complaint, beginning Nov. 26, 2000, the ground beneath Wilke's warehouse began to move and sustain damage.

The property in undermined by Peabody Coal’s St. Ellen Mine, which was a room-pillar operation.

Wilke claims that Peabody failed to leave sufficient support for the surface which led to mine subsidence, which still occurs.

According to the suit, the warehouse has an overall tilt of approximately seven inches to the southeast. The subsidence included the spreading of concrete slabs which compromised the floor, cracks in the foundation wall, and destruction of other property and loss of business.

“Peabody has a statutory duty to prevent mine subsidence as articulated in the Illinois Surface Coal Mining Land Conservation and Reclamation Act,” the complaint states.

Represented by William Niehoff of Mathis, Marifian, Richter and Grandy of Belleville, Wilke is seeking at least $400,000 in damages.

05 L 254 (20th Circuit)

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