WINFIELD – A Hurricane man alleges his nephews illegally removed timber from a property he has a share in without his permission.
Stephen D. Erwin filed a complaint Oct. 2 in Putnam Circuit Court against Billy Scott Gibson, Matt Gibson, Timmy Call and Twin River Hardwoods Inc. alleging illegal timber harvesting and other counts.
According to the complaint, the plaintiff alleges that he is the owns a share of and has paid property taxes on a certain parcel of land that is situated on the waters of Poplar Fork Creek in Teays Valley District. He alleges he has never granted consent to anyone to remove timber from the property.
The plaintiff holds Billy Scott Gibson, Matt Gibson, Call and Twin River Hardwoods Inc. responsible because the defendants allegedly harvested and/or bought timber harvested from the property without the plaintiff's consent. The plaintiff also alleges that he did not receive any of the proceeds from the timber.
The plaintiff requests a trial by jury and seeks an order mandating defendants to refrain from all timbering operations, disgorgement of all profits, award for all damages, attorney's fees, costs and any further relief as the court may deem appropriate. He is represented by Johnnie E. Brown and James A. Muldoon of Pullin, Fowler, Flanagan, Brown & Poe PLLC in Charleston. The case has been assigned to Circuit Judge Joseph Reeder.
Putnam Circuit Court Case number 17-C-197