WEST UNION — Property owners are suing Markwest Energy Partners LP et al., a Delaware company, citing alleged negligence, gross negligence, nuisance, interference, annoyance and inconvenience, trespass, and unjust enrichment.
Steven M. Perna and Mary Ellen Perna filed a complaint in the Doddridge Circuit Court against the defendants alleging that they breached their duties of good faith and fair dealings.
According to the complaint, the plaintiffs allege that they suffered damages, as a result of the intentional and reckless conduct of the defendants in unlawfully building a roadway that crosses the plaintiffs' property on the waters of Ned's Run of Big Flint Creek in Doddridge County and using it to reach the defendant's nearby natural gas drilling operations.
The plaintiffs hold Markwest Energy Partners LP et al. responsible because the defendants allegedly failed to obtain permission, consent or right-of-way agreement from the plaintiffs to build the roadway across their land and unlawfully trespassed upon the plaintiffs' tract and have profited thereby.
The plaintiffs request a trial by jury; and seek a judgment against defendants awarding declaratory and injunctive relief; compensatory, treble, punitive and additional damages; interest; attorney's fees; costs; and any further relief as the court may deem just. They are represented by Rodney C. Windom and Scott A. Windom of the Windom Law Offices in Harrisville.
Doddridge Circuit Court case number 18-C-18