Preston County residents claim Monongahela Power violated right of way agreement

By Robbie Hargett | Jan 14, 2016


KINGWOOD – Two Preston County residents are suing a power company over claims it left debris and waste on their property after a vegetation maintenance cycle.

David Milne and Dawn Milne filed a lawsuit Dec. 22 in Preston Circuit Court against Monongahela Power Co., citing negligence.

The suit states Monongahela Power has a right of way agreement for the maintenance of its power transmission lines on the plaintiffs' property.

In June, the suit states, Monongahela Power consulted with the plaintiffs about its intention to trim trees and bushes under its regular transmission vegetation maintenance cycle.

However, the suit states, Monongahela Power violated its right of way agreement by allegedly needlessly cutting down or destroying the plaintiffs' apple trees and blackberry bushes, and by making the area unsafe, unsightly and unusable by depositing debris and filth, including wild cherry tree branches with leaves, which are toxic to the cattle that graze in the area. The debris also created walking and driving hazards in the area, the suit claims.

The plaintiffs then asked for a cleanup, but Monongahela Power denied their request and advised them further cleanup was "not possible," the suit states.

As a result, the plaintiffs have suffered loss of value of their apple trees and blackberry bushes, loss of use and enjoyment of that portion of their property, $3,900 in expenses for cleanup, annoyance and inconvenience. The plaintiffs seek compensatory damages, plus attorney fees and expenses.

The plaintiffs are represented by attorney Mark E. Gaydos of McNeer Highland McMunn & Varner in Kingwood. The case has been assigned to Circuit Judge Lawrance S. Miller Jr.

Preston Circuit Court Case number 15-C-203

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