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Property owner claims Jackson County Commission on Aging lot is causing flooding

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RIPLEY – A property owner in Ripley alleges that the negligent design of a nearby parking lot has caused her property to flood.

Carolyn M. Strobl (Fichtner) filed a complaint Oct. 20 in Jackson Circuit Court against Jackson County Commission on Aging Inc. and Myers Paving Inc. alleging negligent construction, private nuisance and trespass.

According to the complaint, the plaintiff owns a property on South Maple Street in Ripley. She alleges the Jackson County Commission on Aging Inc. has an adjacent property and the defendant cleared the lot to construct a parking lot. She alleges that ever since the parking lot was constructed, her property has experienced flooding. The suit states Myers Paving constructed the lot.

The plaintiff holds Jackson County Commission on Aging Inc. and Myers Paving Inc. responsible because the defendants allegedly failed to properly design and construct the parking lot and include a proper working drainage system in order to avoid flooding the property of adjacent landowners.

The plaintiff requests a trial by jury and seeks damages, compensatory damages, legal relief, court costs, interest and any further relief this court grants. She is represented by Jeffrey A. Foster, Todd S. Bailess and Rodney A. Smith of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge Lora Dyer.

Jackson Circuit Court case number 17-C-107

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