HUNTINGTON – A couple alleges that their property is being damaged by stormwater discharge caused by an energy company.
Joseph M. Stewart and Carla G. Stewart filed a complaint Oct. 10 in Cabell Circuit Court against Appalachian Power Co. alleging negligence.
According to the complaint, the plaintiffs own land in the Culloden area and they allege the defendant is causing and permitting storm water to discharge there. They allege the water is a nuisance and is destroying their right to the quiet use and enjoyment of the property.
The plaintiffs hold Appalachian Power Co. responsible because the defendant allegedly redirected the flow of water from its property to the plaintiffs' property.
The plaintiffs request a trial by jury and seek judgment against the defendant for compensatory damages, and any further relief this court grants. They are represented by Thomas H. Peyton of Peyton Law Firm LLC in Nitro. The case has been assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number 17-C-573