CHARLESTON – A Cross Lanes community has come together claiming their property is under water after cell tower construction and is suing the company.

William and Elfriede Wade, Franklin and Susan Wade, Joseph and Sharon Perry, Keith and Melody Parker, Larry Thomas, and James Johnson filed suit on Aug. 31 in Kanawha Circuit Court against Crown Castle USA, SBA Towers II LLC, and a person known only as John Doe, claiming their property incurred water damage after cellphone towers were erected on adjacent land.

The plaintiffs claim the defendants leased land to erect cellphone towers, other structures, and services roads which in turned re-routed the natural flow of water in the area. The neighbors allege the water surged onto their property and caused damage to their land. The group claim they've requested these problems be repaired and claim their requests have been refused several times.

The plaintiffs are seeking correction of the flow of water, repair of the roadways and their real estate, as well as pay out to not exceed $75,000 for the value of the diminution of the real estate, loss of right to enjoy the property, aggravation and inconvenience, punitive damages, attorney damages, pre and post-trial interest, and other incidental damages that may be determined.

The group is being represented by Michael J. Del Guidice of Ciccarerello, Del Giudice & Lafon and Larry G. Kopelman of Kopelman & Associates, both based out of Charleston. The case has been assigned to Circuit Judges Joanna Tabit, Charles E. King and James C. Stucky.

Kanawha Circuit Court case numbers 15-C-1641, 15-C-1642, 15-C-1643, 15-C-1644, 15-C-1644, and 15-C-1646.

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