Airport faces suit from pond runoff

By Matt Russell | Jul 21, 2014

WAYNE -- An airport faces a lawsuit after a sediment pond allegedly damaged nearby property.

Dwaine Kilgore and Ruth Anne Kilgore filed suit June 13 in Wayne Circuit Court against Tri-State Airport Authority.

According to the complaint, at some point prior to March 2011, the defendant created a sediment pond on its property in Huntington to capture surface runoff. Following the pond's construction, runoff began to spill over a dam on the defendant's property, causing runoff onto the plaintiffs' property and damage, the suit states.

Also, the defendant agreed to repair damage to the plaintiffs' property on July 11, 2013, but has so far failed to do so.

The defendant is accused of negligent and intentional failure to maintain the property and breach of contract.

The Kilgores are seeking compensatory damages, an injunction requiring the defendant to repair the plaintiffs' land and costs.

They are represented by Huntington attorney Dennis E. Kelley of Kelley Law Office. The case has been assigned to Circuit Judge James H. Young.

Wayne Circuit Court Case No. 14-C-121

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