Supposed sinkhole is subject in suit

By John O'Brien | May 24, 2006

CHARLESTON - Two homeowners in the Indian Head Development in St. Albans have filed a lawsuit against their homeowners association, claiming it has ignored their complaints about a sinkhole on the property.

Amy Fleming and H. Martin Smith, doing business as The Forecast Group, filed the suit May 16 in Kanawha Circuit Court against the Indian Head Homeowners Association and Dave Hofstetter, Oshel Craigo, Carmen Brooks, Heather McCoy and Dave Lanier.

Fleming says she began to notice a dip developing behind her property about 18 months ago and reported to the association, which has done nothing to correct it.

"To date, the sinkhole or dip ... has continued to develop and become worse," the complaint says.

She adds that the sinkhole is on a "common area" of the property, making it the association's responsibility.

The complaint says extensive damage has been done to the plaintiffs' property and house.

Henry E. Wood of Wood Law Office in Charleston is representing the plaintiffs.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-934

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