Cheat Lake Marina seeks restraining order against Pa. men

By Kyla Asbury | May 18, 2015

MORGANTOWN – Cheat Lake Marina is suing two Pennsylvania men it claims took possession of its property and caused the marina damages.

Marina One LLC is doing business as Cheat Lake Marina.

A recent event occurred at Cheat Lake Marina that resulted in a substantial loss of property and material that comprised a system of docks, according to a complaint filed May 7 in Monongalia Circuit Court.

It is estimated that approximately 75 to 175 boat slips and docks were carried away and the defendants, William F. Clemmer and Robert D. Cox, took custody and have improperly retained custody over the property in an effort to harass, annoy and oppress Cheat Lake Marina and otherwise frustrate their ongoing business activity, according to the suit.

Cheat Lake Marina claims it has timely claimed ownership of the property, made demand for its return and offered to pay for the inconvenience and associated expenses, if any, associated with Clemmer and Cox taking custody of the materials.

The communication by the plaintiffs to the defendants was met with aggression, threats and innuendo that the material would be destroyed unless a sum of money tantamount to an unfair ransom was paid.

Cheat Lake Marina claims the defendants plan to sell and/or destroy, or otherwise dispose of the dock material.

The defendants have refused to permit the plaintiff the opportunity to retrieve the property, according to the suit.

Cheat Lake Marina claims it believes that the defendants are maintaining the plaintiffs' property in a less than satisfactory way such that the value of the property will diminish, be destroyed entirely or the property will be lost.

The plaintiff is seeking a temporary restraining order and injunction against the defendants the halt any further damage. It is also seeking preliminary injunction and damages in the amount of $400,000. It is being represented by Mark A. Kepple of Bailey & Wyant.

Monongalia Circuit Court case number: 15-C-298

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Bailey & Wyant PLLC

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