Sunrise at Silver Creek LLC accused of violating right-of-way agreement

By Philip Gonzales | Sep 9, 2016

MARLINTON — A homeowners association is suing an Elkins company and its manager, alleging breach of contract in a right-of-way agreement.

Silver Mountain Homeowners Associations filed a complaint on Aug. 26 in Pocahontas Circuit Court against Sunrise at Silver Creek LLC and Julia Elbon, alleging they breached a right-of- way agreement.

According to the complaint, the plaintiff alleges that on Jan. 14, 2005, the plaintiff's and defendants' predecessors entered into a right-of-way easement and use of utility agreement, wherein the defendant agreed to be responsible for maintaining a common road for the benefit of both parties. On Sept. 15, 2015, the defendants' share for the road pavement allegedly was equal to $36,486.45. Despite repeated demands, the plaintiff has not receive payments from the defendant, the suit claims. The plaintiff holds Sunrise at Silver Creek LLC and Elbon responsible because the defendants allegedly refused to pay their share for the road pavement.

The plaintiff requests a trial by jury and seeks judgment against the defendants in the sum of $36,486.45, plus pre- and post-judgment interest, attorney's fees and costs and other and further relief. It is represented by Michael C. Doss of Law Office of Michael C. Doss in Marlinton.

Pocahontas Circuit Court Case number 16-c-43

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