KINGWOOD – A municipal corporation alleges a developing is unlawfully discharging storm water into the sewer system.
Town of Reedsville filed a complaint in Preston Circuit Court against the Ralph W. Ziegler, EZ Development Co. LLC and Preston Meadows Property Owners Association Inc. seeking injunctive relief.
According to the complaint, the plaintiff alleges that the Preston Meadows Development has a "significant amount of inflow and infiltration going into the sewage system," which is served by the town of Masontown. The plaintiff alleges Masontown approved an increase in the sewer resale rate to it partially because of the amount of storm water entering the system.
The plaintiff alleges that meter ratings show residents in Preston Meadows use twice the amount of water that goes into the sewage system during heavy rains.
The plaintiff alleges it did not give permission for Preston Meadows to allow storm water runoff to discharge into the sanitary sewer and that the defendants are responsible for the maintenance of the development's common elements.
The plaintiff requests a trial by jury and seeks judgment against defendants for injunctive relief to abate storm water issues, costs, attorney's fees, and further relief as the court may deem just. It is represented by Mark E. Gaydos and Samuel P. Hess of McNeer, Highland, McMunn and Varner LC in Kingwood.
The case has been assigned to Circuit Judge Steven L. Shaffer.
Preston Circuit Court case number 18-C-91