Hurricane man now seeks injunction over noise

By Lawrence Smith | Aug 23, 2007

WINFIELD – Upon the advice of legal counsel, a Hurricane man is taking a different route in his quest to reduce the amount of noise coming from an on-going construction project near his home.

On Aug. 15, Mark V. Halburn and his wife, Delores, with the assistance of former Kanawha County Prosecuting Attorney Mike Clifford, made a motion that the Writ of Mandamus they filed in Putnam Circuit Court be dismissed. Halburn filed the writ on June 25 in an effort to get the city of Hurricane to start enforcement of its noise ordinance.

In his writ, Halburn alleged that despite repeated requests, city officials have failed to take any action against "excessive noise" coming from the nearby Wal-Mart Supercenter project.

Construction on the Wal-Mart site is taking place above Courts Motors near the westbound entrance to Interstate 64 off Hurricane Creek Road and across from Halburn's home. Halburn's complaint against excessive noise includes where Kanawha Valley Construction stores its equipment next door.

"Both sites are adjacent to homes that have been standing for more then 30 years in a residential neighborhood," Halburn said. "Common courtesy dictates that neighbors be allowed to live in peace and quiet. The city of Hurricane puts this peace and quiet into codified law."

Since filing the writ pro se, Halburn has retained Clifford. According to, a news Web site Halburn publishes, Clifford suggested he drop the writ and instead file an injunction.

"He assures me this is the best way to go," Halburn said. "I am sick and tired of the legal system allowing my family to be abused by excessive construction noise and pollution from out-of-state companies."

"However, if this is the best way to stop the abuse, I'll go with it," he added.

On Aug. 21, Robert G. Chafin, a senior status judge from Wayne County, granted Halburn's motion to dismiss the writ. On July 12, Chafin was appointed by the state Supreme Court to hear the case after both Putnam Circuit judges O.C. "Hobby" Spaulding and Ed Eagloski recused themselves.

As of Thursday, Halburn had not filed an injunction.

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