WINFIELD -- A Putnam County couple has filed suit against the City of Hurricane, claiming they were unable to finish a housing development project because of regulations set after they had begun the project.

Boyd and Cheryl McClure claim their subdivision project was approved in 2001, but they were unable to complete it because they were not in compliance with Article 936.

The McClure's subdivision project consisted of 3 sets of 20 houses, said their attorney Harold Albertson of Charleston.

They finished the first two sets, but were not allowed to continue with the third set until they complied with Article 936 and built a pond to carry storm and waste-water, Albertson said.

"They didn't want to build the pond because it took up two lots," he said.

In addition, they should have been protected from the requirement because their project was approved before Article 936 was made law, Albertson said.

"Defendants wrongfully, negligently and intentionally caused the operations of the defendants to cease," the suit states.

The McClures claim they have suffered damages equal to the amounts they spent and the profits they would have made if they were allowed to build the houses.

In addition, they have suffered annoyance, inconvenience, lost employment opportunities, loss of future income, loss of present income and aggravation, according to the suit.

Along with the City of Hurricane, Ronnie Woodall and Ben Newhouse are named as defendants in the suit. They are employees of the city, the suit states.

The McClures are seeking an order declaring the rights of the parties with respect to the storm water management regulations, an order enjoining the defendants from applying Article 936 to the subdivision and an order finding the defendants allow the plaintiffs to continue their subdivision without complying with Article 936.

They also are seeking unspecified compensatory and punitive damages.

Putnam Circuit Court case number: 08-C-312




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