CHARLESTON – A couple are suing Stricklen Realty, Inc., after they claim it has continually trespassed onto their property and caused them damages.
Beginning in early 2012 and continuing to present, Stricklen was and is clearing, preparing and otherwise developing property uphill from and to the south of property owned by Ryan Tierney and Amber Tierney, according to a complaint filed March 6 in Kanawha Circuit Court.
The Tierneys claim Stricklen has come onto their property and has taken down a number of standing trees on their property.
Stricklen has pushed brush, fallen timber and other debris onto the Tierneys’ property, according to the suit.
The Tierneys claim Stricklen has also run drain lines onto their property and/or altered the natural drainage patterns so as to funnel runoff water onto their property.
In the development of its own property, Stricklen owed the Tierneys duties not to come onto their property, not to cut timber on their property, not to dump debris generated by its activities onto their property, not to funnel runoff water onto their property and not to otherwise diminish their property, according to the suit.
The Tierneys claim the defendant negligently breached its duties owed to them and caused them damages.
The defendant’s actions caused the Tierneys to suffer damages, including the value of the timber cut on their property; cost of removal of brush, trees and other debris; costs of remediating the drainage; damages to and diminished value of their property; lost enjoyment and use of their property; and annoyance and inconvenience, according to the suit.
The Tierneys are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Marvin W. Masters and Christopher L. Brinkley of the Masters Law Firm.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 13-C-449