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Marshall Co. property owner alleges construction companies breached easement agreements

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Sunday, December 22, 2024

Marshall Co. property owner alleges construction companies breached easement agreements

Lawsuits
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MOUNSDVILLE — A Marshall County property owner is suing constructions companies, alleging breach of contract, negligence and trespassing.

Patricia Friend, formerly known as Patricia McClintock, filed a complaint in Marshall Circuit Court against Transcanada Corp., Columbia Gas Transmission LLC and Welded Construction LP alleging the defendants exceeded their rights granted by rights-of-way and easement agreements and licences by conducting activities outside of a pipeline construction's right-of-way.

According to the complaint, on June 7, 2017, a portion of the Leach XPress pipeline being constructed by the defendants exploded on the Franklin District properly owned by Patricia Friend. The explosion allegedly created a blast crater and fire that laid waste to approximately 22 acres of her 234-acre property and burned a total of 42 acres. 

However, Friend alleges that since the explosion, the defendants continued to conduct activities on her property to repair the pipeline but have exceeded their rights granted by the right-of-way and easement contract. The plaintiff alleges the defendants continued to conduct activities not in accordance with the previously mentioned contracts for rights-of-way and failed to abide by the clear and unambiguous terms of the contracts.

Friend seeks trial by jury, preliminary injunction, compensatory, special, punitive and any other damages, court costs, disbursements, pre- and post-judgment interest, and all other fair, just and equitable relief. She is represented by attorneys Jonathan E. Turak and Christian E. Turak of Gold, Khourey & Turak LC in Moundsville.

Marshall Circuit Court case number 18-C-116

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