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Bruce Toll, Palm Beach, Fla., wants to be able to see the records of Coaldale Energy LP, saying he has a right to do so under state law.
"Pennsylvania's limited partnership statute requires that a limited partner like Toll be permitted to inspect and copy Coaldale's books and records," according to the lawsuit.
Toll asked the court to force Coaldale to allow him to inspect and copy its books and records, and award him attorney's fees, expenses and costs.
Toll owns 7.69 percent of Coaldale, having bought a $1 million stake in it in 2006, the lawsuit reads in part. However, Coaldale has not treated him like a partner, according to Toll's lawsuit.
"Despite repeated requests and demands from Toll, Coaldale refuses to supply Toll with financial information and data that he is entitled to," the lawsuit reads in part.
Toll filed his lawsuit the same day one of LC&N's lawyers asked that a hearing in one part of the bankruptcy case not be held, saying a settlement has been reached with the state Department of Environmental Protection.
Peter Hughes filed the request in U.S. Bankruptcy Court, saying DEP and LC&N have reached a settlement in their dispute.
According to the proposed settlement filed with the court, DEP would accept the appointment of John W. Teitz as LC&N's interim chief executive officer, and all litigation between the company and department would be withdrawn without prejudice to refiling should the case not work out as planned.
DEP also will allow LC&N continue its operations, which will allow it to repay creditors and continue operations.
Hearings are scheduled in the case for Thursday and Dec. 16 in Wilkes-Barre before Chief U.S. Bankruptcy Judge John J. Thomas, who is considering the stipulation and the rest of the lawsuit
The proposed stipulation does not end the case, since the original bankruptcy lawsuit also concerned repayment of debts. Toll was one of those who filed the original lawsuit on July 15, seeking repayment of $7,425,297 in debts LC&N owed to him and others.
Coaldale Energy LLC, which traded as Coaldale Energy LP, has been deposed as the operator of the company.
LC&N and its predecessors have been mining anthracite coal in Schuylkill and Carbon counties since Lehigh Coal Mining Co. was founded in 1792, according to the company's Web site. The company owns more than 8,000 acres between Tamaqua and Jim Thorpe and recently put its Greenwood breaker back in operation in Coaldale.
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