WEST VIRGINIA RECORD

WINFIELD -- A woman is suing the Putnam County Commission after she claims a commissioner discriminated against her for her disability.

Commissioners Stephen A. Andes, R. Joseph Haynes and Gary O. Tillis were also named as defendants in the suit.

In December 2003, Tracie Snodgrass purchased a lot and a used double-wide mobile home from Delmar Hammicks, according to an administrative appeal filed Sept. 22 in Putnam Circuit Court.

Snodgrass claims she maintains the agreed purchase price was $55,000 and she delivered a certified check in the amount of $20,000 and mistakenly signed a promissory note in the amount of $55,000.

There was no contract of sale and when the promissory note was presented, Snodgrass was sick and only checked the purchase price, did not calculate the proper payments and signed it without noticing that the document made no mention of the down payment of $20,000, according to the suit.

Snodgrass claims her claim against Hammicks' estate concerns the agreement of purchase price of her home. Her contention is $55,000 and the estate maintains $75,000.

Hammicks purchased the property for $28,795.06 in April 2003 and sold it to Snodgrass eight months later, according to the suit.

Snodgrass claims she filed a claim against the estate to resolve the purchase price and the matter was referred to Fiduciary Commissioner Timothy J. LaFon.

When Snodgrass was told she had to pay the fiduciary commissioner $1,100 before she could have her case heard, she was unable to afford the amount, according to the suit.

Snodgrass claims she was contacted by LaFon on the day of the hearing and she informed him that she would withdraw from the hearing due to her medical condition and inability to pay.

On April 13, LaFon issued a recommended order that dismissed Snodgrass' claim and sanctioned her in the amount of $1,970, according to the suit.

Snodgrass claims the Putnam County Commission endorsed the recommended order on Aug. 23, but the merits of her claim had never been addressed.

LaFon and the Putnam County Commission discriminated against Snodgrass due to her medical disability and failed to accommodate her disability, according to the suit.

Snodgrass claims the defendants' failure to consider the merits of her claim is a denial of her access to the court system, in violation of the state's Constitution.

LaFon and the Putnam County Commission have exceeded their statutory authorities by sanctioning Snodgrass, according to the suit.

Snodgrass claims Commissioner Timothy J. LaFon denied her claim against Hammicks' estate and discriminated against her due to her medical disability.

Snodgrass is seeking for the court to remand her matter to a new fiduciary commissioner with the opportunity to have the merits of the claim resolved without cost to her. She is being represented by Carl E. Hostler.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 11-AA-3