CHARLESTON – Rabel Development LLC has been named in 11 lawsuits for a flood that caused property damages.
Eagle View Properties LLC; EAB Global Enterprises LLC; Capitol Land LLC; Allen Bell Properties LLC; Allen Bell Properties 2 LLC; and Edward Allen Bell, individually, were all named as defendants in the suit.
Joyce Elswick; Joshua Donley and Donna Walker; Rebecca Bare; Kenneth Casdorph and Donna Casdorph; Amy Joyce; Steven Smith; John M. McPhail II; Patrick Strickland and Tina Strickland; Keith Casdorph; William J. Heading; and Brenda J. White properties were damaged during a flood, according to 11 complaints filed last month in Kanawha Circuit Court.
The plaintiffs claim on Nov. 3, Allen Bell Properties 2 and Bell entered into a consent order acknowledging that Allen Bell Properties 2 and Bell undertook construction activities at the Eagle View Apartment site without having a required storm water permit.
Allen Bell Properties and Bell entered into a consent decree on Nov. 3 to remedy certain violations of the relevant regulations occurring at the Eagle View site, including operating without a permit, failing to maintain erosion control devices and failing to seed and mulch areas where construction activities had terminated, according to the suits.
The plaintiffs claim the defendants entered into a consent decree dated March 5, 2012, regarding various violations at an apartment development in Milton and failed to include modifications to the original permit to include new construction areas, allowing settleable solids in streams, failure to operate and maintain erosion control devices, allowing sediment laden water to leave the site, failing to seed and stabilize temporary construction sites, failing to protect slopes and failing to properly dispose of solid waste, failing to properly operate and maintain erosion control devices and other violations.
Based on information and belief, the defendants have continued their past practices to fail to properly control storm water runoff in the construction and maintenance of the grounds of Eagle View Apartments, according to the suits.
The plaintiffs claim the defendants had notice and knowledge of the requirements of the relevant rules and regulations pertaining to storm water at the time of the Eagle View construction as a result of its past experience in Milton and other sites.
The defendants were negligent and caused the plaintiffs to suffer property damages, according to the suits.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Stuart Calwell, John H. Skaggs and Alex McLaughlin of The Calwell Practice PLLC.
Kanawha Circuit Court case numbers: 15-C-2231, 15-C-2232, 15-C-2233, 15-C-2234, 15-C-2235, 15-C-2236, 15-C-2237, 15-C-2238, 15-C-2239, 15-C-2240 and 15-C-2241
