Buyer alleges property seller breached agreement

By Philip Gonzales | Apr 14, 2017

WINFIELD — A Putnam County man is suing a subdivision owner, alleging breach of an agreement.

Steven Berry filed a complaint March 8, in the Putnam Circuit Court against Cobblestone Subdivision LLC, alleging the property seller willfully failed to disclose material facts.

According to the complaint, on July 20, 2016, Berry began constructing his home on the Lot 11 Cobblestone Subdivision property he had bought from defendant, when his contractor discovered that no less than 16 feet of fill materials had been placed on the home site. 

As a result, the suit says, Berry will incur future costs of repairing or replacing the property. The plaintiff alleges Cobblestone Subdivision intentionally failed to disclose any fill material placed on the property prior to purchase.

Berry seeks trial by jury, compensation for his monetary injuries and damages, costs of court, attorney fees and interest. He is represented by attorneys Bert Ketchum and Clayton J. Maddox of Greene, Ketchum, Farrell, Bailey & Tweel in Huntington.

Putnam Circuit Court Case number 17-c-41

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