CHARLESTON -- Two Mingo County residents are seeking $1.6 million after a construction company and the West Virginia Department of Transportation allegedly trespassed on their property.

Carol Cisco, individually and as administrator of the estate of Wilson Cisco, and Edgar Mahon filed a lawsuit May 14 in Kanawha Circuit Court against Nicewonder Contracting LLC and the West Virginia Department of Transportation, Division of Highways, citing negligence, trespass, conversion, destruction of property, negligent hiring, supervision and retention and violation of civil rights.

The plaintiffs state they owned property atop a ridge that runs between Pigeon Creek and Mate Creek in Mingo County. The suit alleges defendant Nicewonder removed the plaintiff's hilltop so the dirt could be used as fill to build a road for defendant Department of Transportation.

According to the brief, Nicewonder approached the plaintiffs about purchasing their property, but rather than negotiate a deal, Nicewonder redrew the property boundary lines to show the plaintiff's boundary line hundreds of feet from the hill and used the dirt on the hill.

The plaintiffs are seeking damages of $1,600,000, the removal of the Department of Transportation's fence on their property and any other relief the court deems just.

They are being represented in the case by attorneys Kevin W. Thompson and David R. Barney of Thompson Barney and Van Bunch of Bonnett Fairbourn Friedman and Balint PC. The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court Case No. 14-C-891


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