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Milton resort operators accuse waste disposal service of creating nuisance

WEST VIRGINIA RECORD

Thursday, December 26, 2024

Milton resort operators accuse waste disposal service of creating nuisance

Lawsuits
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HUNTINGTON — Milton resort operators are suing a waste disposal service provider, alleging negligence and continuing to damage the plaintiffs' property.

Cunningham Enterprise Inc., Isaiah Cunningham and Marie Cunningham filed a complaint in Cabell Circuit Court against Salt Rock Sewer Public Service District, alleging failure to properly maintain its sewage system.

According to the complaint, on Oct. 7, 2016, the defendant's sewer on the plaintiffs' property in Milton ruptured, causing raw wastewater to spill on the plaintiffs' Fox Fire Resort facility. Due to the discharge of raw sewage, the suit says, the plaintiffs suffered interruptions to their business, lost profits, and suffered annoyance and diminution in the market value of the property. 

The plaintiffs allege Salt Rock Sewer Public Service District failed to prevent or stop raw wastewater from spilling onto the Fox Fire Resort property.

The plaintiffs seek trial by jury, actual and compensatory damages, costs, expenses, attorney fees and interest , plusaall other equitable and justifiable relief. They are represented by attorneys Michael O. Callaghan and Charles Neely of Neely & Callaghan in Charleston.

Cabell Circuit Court case number 18-C-52

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