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WEST VIRGINIA RECORD

Friday, March 29, 2024

Power company sues over easement rights

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HUNTINGTON -- A power company is suing over claims a couple bought and built upon land granted to the company in a land easement in direct violation of said easement.


Appalachian Power Company filed a lawsuit March 11 in the Southern District Circuit of West Virginia against Larry K. Kyle, also known as Larry D. Kyle, Sheila Marie Kyle, Charles M. and Kristina M. Childers, City National Bank of West Virginia and Otis L. O'Connor, trustee, citing breach of covenant.

According to the complaint, on May 17, the Childers sold a property to the Kyles, upon which the Kyles began construction of a dwelling with a loan from City National Bank. According to the lawsuit, the property in question is within the boundaries of a land easement granted to Appalachian Power Company by the Childers' predecessors-in-title in 1964, which stated that no dwelling could be constructed in the easement boundaries.

Appalachian Power Company is seeking damages including the cost of removal of the partially constructed dwelling.

They are being represented in the case by attorneys Andrew S. Zettle and Melissa Dodd Veltri of Huddleston Bolen LLP.

Southern District Circuit of West Virginia Case No. 14-CV-12051

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