WEST VIRGINIA RECORD

CHARLESTON -- A couple is suing the Town of Pratt after they claim their property was damaged because of a nearby landfill.

Helen B. Berry, administratrix of the Estate of John Billo; and William M. Perry and Rosella Perry were also named as defendants in the suit.

Since approximately 2003, Billo began a landfill on his property, which is adjacent to property owned by Roger Paul Crist and Roxanna Crist, according to a complaint filed July 22 in Kanawha Circuit Court.

The Crists claim after Billo's death, the property was sold to the Perrys by Berry, who have continued to use the property as a land fill, which has caused the problem to worsen.

As a result of the landfill, the surface of the defendants' property was raised above the property owned by the Crists and has caused a drastic change in the normal flow of drainage, causing flooding of a majority of the Crists' property, according to the suit.

The couple claims the landfill has also caused water to stand on their property for long periods of time, has created a habitat for mosquito breeding and has left the property uninhabitable.

The Town of Pratt has refused to take steps to correct the damage even though the town is aware of the problem, according to the suit.

The Crists are seeking compensatory damages with pre- and post-judgment interest. They are being represented by John R. Mitchell.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-1217