Owners allege property was not restored per contract by Williams Ohio Valley Midstream for pipeline

By Philip Gonzales | Nov 1, 2016

NEW MARTINSVILLE – Two property owners allege that a company failed to honor the terms of a contract for the right-of-way use of their property for a pipeline.

NEW MARTINSVILLE – Two property owners allege that a company failed to honor the terms of a contract for the right-of-way use of their property for a pipeline.

Dwight Law and Jane Hafer filed a complaint on Oct. 6 in Wetzel Circuit Court against Williams Ohio Valley Midstream LLC alleging negligence, breach of contract and breach of warranty.

According to the complaint, the plaintiffs granted the defendant, known as Caiman Eastern Midstream at the time, a right-of-way on their property to install two pipelines with certain conditions regarding timber and restoration of any lands distributed during construction. The plaintiffs allege that they suffered property damages, including but not limited to loss of use of property, diminished value of the property and loss of benefit of the bargain they had negotiated for.

The plaintiffs holds Williams Ohio Valley Midstream LLC responsible because the defendant allegedly failed to stack the cut timbers in easily accessible locations, failed to properly reseed and mulch the disturbed area, and failed to install the road along the west side of the temporary right of way.

The plaintiffs request a trial by jury and seek judgment against defendant in an amount sufficient to compensate them for their damages, pre- and post-judgment interest, attorney's fees and costs and such other relief that the court deems proper. They are represented by Eric M. Gordon of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville. The case has been assigned to Circuit Judge Jeffrey Cramer.

Wetzel Circuit Court Case number 16-c-94

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