WEST VIRGINIA RECORD

HUNTINGTON - A couple are suing their neighbors for allegedly allowing water to travel on to their property and cause property damage.

In June 2011, Jason Adkins noticed that water was flooding his property, causing significant damage, and contacted Earl J. Blankenship Jr. and Joyce Ann Blankenship, believing the water was originating from the defendants' property, according to a complaint filed Aug. 23 in Cabell Circuit Court.

Adkins claims he and Earl Blankenship walked to the top of a hill above Adkins' property and discovered that one of two blow-off lines installed by West Virginia American Water Company was still running and the water was running at full force.

Upon further investigation, it was determined the water that was flooding Adkins' property originated from the water running from the blow-off line, according to the suit.

Adkins claims as a result of the water running on the defendants' property, a large slip occurred above Adkins' property that resulted in a mass movement of the hillside above Adkins' property.

The defendants have failed to repair the slip with the result that water is still entering the crevice in the ground caused by the slip resulting in it traveling downhill and continuing to cause damage to Adkins' property, according to the suit.

Adkins claims the defendant was negligent is allowing large quantities of water to run from their property down onto Adkins' property.

As a direct and proximate result of the negligent acts of the defendants, Adkins and his wife, Jennifer Adkins, has sustained damages, including damage to their home, damage to their real estate, loss of use of their real estate and diminution to the value of their real estate, according to the suit.

The Adkinses are seeking compensatory damages. They are being represented by William L. Mundy of Mundy & Associates.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-624