Doddridge County property owner alleges companies failed to record easements with county

By Noddy A. Fernandez | Jul 19, 2018

WEST UNION – A New Jersey man who owns a 77-acre property in Doddridge County alleges two oil and gas companies failed to record rights of way and easement agreements on the property.

Robert Poznek filed a complaint in Doddridge Circuit Court against Crestwood Marcellus Midstream LLC and Antero Resources Corp. seeking declaratory judgment and alleging trespass.

According to the complaint, the plaintiff purchased the property in October 2016 and his family uses it for hunting and ATV riding. He alleges prior to his purchase of it, the previous owner and Crestwood entered into several agreements in 2014 and in 2015 for rights of way and easements that were not recorded with the county.

He alleges that in 2017, he applied to Harrison Rural Electric Co. to have electricity installed on his property and then learned that he needed permission of Crestwood first.

The plaintiff alleges his attorney informed him that the title exam prior to his purchase of the property did not reveal the existence of any of defendants' right-of-way and easements and no records were found with the Doddridge County Clerk's Office. 

The plaintiff requests a trial by jury and seeks a declaration that agreements at issue are void; temporary restraining order and preliminary injunction; compensatory, punitive and other damages; and such other and further relief as the court deems fair, just and equitable. He is represented by Christian E. Turak of Gold, Khouley & Turak LLC in Moundsville.

The case has been assigned to Circuit Judge Timothy Sweeney.

Doddridge Circuit Court case number 18-C-12

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Doddridge Circuit Court Gold, Khourey & Turak LC

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