CHARLESTON – A company that owes real estate in Belle blames a child care facility for sewer issues.
S.C. Davenport Inc. filed its complaint in Kanawha Circuit Court against Country Kids Day Care & Child Development Center Inc.
According to the complaint, Country Kids owns two parcels adjacent to one owned by the plaintiff. The sewer line for the daycare is tied into the plaintiff's sewer line and runs on the plaintiff's property, according to the complaint. It says it has borne maintenance costs for the sewer facility for seven years.
It also says one or more persons at the daycare have been placing inappropriate material in the sewer line. Those items, the plaintiff claims, has caused damage to the sewer facility and is harming the facility, the plaintiff's property, plaintiff's use of sewer line and "quiet enjoyment thereof."
The plaintiff accuses the defendant of negligence, unjust enrichment, nuisance and trespass. It seeks compensatory damages and an injunction ordering the defendant from further damaging the sewer line and sewer facility. It also seeks punitive damages, pre- and post-judgment interests, court costs and attorney fees.
S.C. Davenport Inc. is being represented by Mark Sadd and John Gianola of Lewis Gianola in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-1088
