Property issue leads corporation to sue Cabell County resident

By Philip Gonzales | Jul 12, 2016

LOGAN — A West Virginia corporation is suing Cheyenne Fragale, a Cabell County resident, citing alleged breach of duty.

LOGAN — A West Virginia corporation is suing a Cabell County resident, citing alleged breach of duty.

Rite Aid of West Virginia Inc. filed a complaint on June 17 in Logan Circuit Court against Cheyenne Fragale alleging that the Cabell County resident failed to comply with the West Virginia Code to entitle him to secure a deed of property.

According to the complaint, the plaintiff alleges that it was not able to redeem the title for a tract of land located in Logan County at any time before any tax deed was issued for the property and lost the benefits of its purchase. The plaintiff holds Fragale responsible because the defendant allegedly wrongfully deprived it of its rights to redeem the property before the deputy commissioner of Delinquent and Nonentered Lands of Logan County issued the tax deed for the property, and failed to search for the public records to identify interested parties and provide the plaintiff proper notices to redeem.

The plaintiff requests a trial by jury and seeks an order for the annulment of the setting aside of the tax deed, award for compensatory damages, attorney's fees and legal costs and for such other relief as the court deems just. It is represented by Webster J. Arceneaux III and Ramonda C. Lyons of Lewis Glasser Casey and Rollins PLLC in Charleston.

Logan Circuit Court Case number 16-C-133

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