WEST VIRGINIA RECORD

CHARLESTON -- A Cross Lanes man is suing Walgreen Co. after he claims it caused damage to his property.

M&M Development Company, Inc.; Sequoyah Limited, LLC; Horizon Site Work, Inc.; Asphalt Contractor's & Site Work, Inc.; and Nu Rentals, LLC, were also named as defendants in the suit.

Charles W. Robinson is the owner of an apartment building and tract of land in Cross Lanes, according to a complaint filed March 21 in Kanawha Circuit Court.

Robinson claims the defendants were constructing a new Walgreens store adjacent to his property and on May 4, 2009, and June 3, 2009, rainfalls occurred and caused damage to his property.

Due to improper maintenance, drainage and diversions at the Walgreens construction site, muddy storm water was caused to collect and channel into the apartment building, according to the suit.

Robinson claims on May 27, 2009, and June 11, 2009, the West Virginia Department of Environmental Protection inspected the construction site and issued unsatisfactory site evaluation reports to the defendants, indicating deficiencies in the silt fence, diversions, sediment traps and maintenance of the construction site.

The defendants negligently, carelessly and unreasonably altered or allowed the construction site to stay in a manner as to interrupt the natural flow of surface waters and caused flooding and severe damage to Robinson's property, according to the suit.

Robinson is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Brent K. Kesner, Kevin C. Harris and Eric J. Holmes.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-460