WINFIELD -- Hurricane Marketplace is suing Kanawha Stone Company and the Putnam County Development Authority after its retail shops flooded in 2009.
On March 9, 2007, Hurricane Marketplace entered into a contract with Kanawha Stone Company where the defendant agreed to provide grading and sitework services to facilitate construction of new retain shops adjacent to a new Wal-mart, according to a complaint filed March 16 in Putnam Circuit Court
Hurricane Marketplace claims it also entered into an agreement with the adjacent property owner, the Putnam County Development Authority, to allow excess excavated material from the project to be deposited on the PCDA property in order to create a 1.3 acre building pad.
The plaintiff obtained appropriate permits and paid for preparation of stormwater management plans for use in the construction, according to the suit. The stormwater management plans only accounted for the estimated quantity of material to be deposited to construct a 1.3 acre building pad.
Kanawha Stone Company was under duty to construct the fill and building pad strictly according to the stormwater management plans prepared by Potesta & Associates, according to the suit. The company contacted Potesta to request additional modifications to the construction, and Potesta submitted the revised design plans.
Hurricane Marketplace's claims on Aug. 10, 2009, its retail shops were flooded with stormwater collected on the PCDA property and directed onto the retail shop property.
The plaintiff claims on Sept. 8, 2009, it discovered that Kanawha Stone Company had failed to construct the fill on the PCDA site according to the plans and had "wrongfully deposited at least 100,000 cubic yards of waste soil from the Wal-mart project on the PCDA site."
Hurricane Marketplace claims Kanawha Stone Company negligently failed to construct the stormwater system in accordance with the approved design and violated the City of Hurricane and West Virginia Department of Environmental Protection stormwater ordinances.
As a result of Kanawha Stone Company's negligence and breach of contract, Hurricane Marketplace claims it has been damaged in an amount of at least $10,000.
Hurricane Marketplace claims stormwater that originated on PCDA's property "physically invaded" its property because of PCDA's failure to properly manage and control the stormwater.
Hurricane Marketplace is seeking $40,000 in damages for Kanawha Stone's breach of contract and negligence, and PCDA's trespassing and nuisance. The company is being represented by Johnson W. Gabhart.
Putnam Circuit Court case number: 10-C-105