CIVIL FILINGS: Cabell County

By Kyla Asbury | Apr 1, 2011

March 21
Breof Bank Midwest, LLC vs. Cabell County Commission of County of Cabell
PA- William P. Bresnahan; J- F. Jane Hustead
* Breof Bank Midwest claims the defendant's assessor assessed the value of its property at $3 million for the 2011 tax year. It claims it contested the assessment, which the defendant denied. The decision to deny its challenges to the value of the property, the Cabell County Commission is "unavoidably colored both by the inherent bias of the members of the Board and the imposition of an improper standard of proof," according to the suit. The bank is seeking for the court to correct the assessment.
Case number: 11-C-148

March 22
Thyssenkrupp Elevator Corp. vs. Tri-State Hotels, LLC
PA- Daniel T. Booth; J- F. Jane Hustead
* On Oct. 19, 2008, the plaintiff entered into an agreement with Tri-State Hotels. Thyssenkrupp Elevator Corp. claims Tri-State Hotels was to pay $139,592 for the contracting duties, but breached the terms of the agreement by failing to pay. The defendant remains indebted to Thyssenkrupp Elevator Corp. in the amount of $81,929. The company is seeking judgment in the amount of $81,929 with pre- and post-judgment interest.
Case number: 11-C-149

March 23
Pullman Plaza Hotel vs. Christina Simmons
PA- Daniel J. Konrad, Cindy D. McCarty; J- David M. Pancake
* Simmons is an author who organizes events known as the Reader Appreciation Weekends. Pullman Plaza Hotel claims it contracted with Simmons for the 2010 Reader Appreciation Weekend that was held in September. Simmons contracted with the hotel for banquet facilities, meeting space and catering for several functions and was given an invoice in the amount of $17,628.52, according to the suit. The hotel claims Simmons only paid $2,200 of the amount and has failed to pay the remaining $15,428.52. It is seeking judgment in the amount of $15,428.52 plus interest.
Case number: 11-C-153

March 24
Denise Ash f/k/a Denise Cyrus and Matthew Ash vs. JPMorgan Chase Bank N.A., and Chase Home Finance, LLC
PA- Bren J. Pomponio, Daniel F. Hedges; J- F. Jane Hustead
* The couple claims the defendant directed them not to make payments on their loan while they waited for a loan modification. They claim the defendants never provided the promised modification and now seek to foreclose on their property. They are seeking actual damages and civil penalties.
Case number: 11-C-156

March 25
Vanessa G. Goldman vs. Joe E. Miller, Commissioner, West Virginia Division of Motor Vehicles, Department of Transportation
PA- John F. Cyrus; J- F. Jane Hustead
* Miller revoked Goldman's driving privileges for a period of six months for an offense in violation of West Virginia Code, which became effective on March 29. Goldman claims the offense occurred on Feb. 23, 2008, and her due process rights were violated when Miller revoked her driving privileges more than three years after the driving infraction. She is seeking for the court to enter an order requiring Miller to provide a certified copy of her complete DMV file and transcript of her hearing; for the court to stay Miller's final order and grant her temporary driving privileges; and for the court to review the DMV records, transcripts, statutes, case law and arguments involved and reverse the revocation of her driving privileges.
Case number: 11-C-159

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