CHARLESTON — Two homeowners are suing the City of Marmet and the Town of Marmet Sanitary Board, a municipality and a public utility, alleging insufficient measures were taken to prevent damages.

Lindsay K. Green and Nicholas S. Green filed a complaint on July 25 in Kanawha Circuit Court against the defendants, alleging that they failed to comply with construction and engineering standards.

According to the complaint, the plaintiffs allege that on Aug. 20, 2014, they noticed a strong odor and contacted the defendants to report the odor. They allege that the defendants attempted to pump the sewer line near the plaintiffs' home and began the process of removing and capping it off, and that the construction and engineering method caused damage to the plaintiffs' home. Continuing to the present, the plaintiffs experience strong odors and other problems that resulted in property damage, diminution of value and repair expenses, they allege. The plaintiffs hold the City of Marmet and the Town of Marmet Sanitary Board responsible because the defendants allegedly performed sewer removal in a negligent manner.

The plaintiffs request a trial by jury and seek judgment against the defendants, jointly and individually, in an amount to be determined by jury, pre- and post-judgment interest, attorney's fees and costs and such other relief as deemed proper by the court. They are represented by G. Patrick Jacobs of Jacobs Law Office in Charleston.

Kanawha Circuit Court Case number 16-c-1128

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