West Virginia Record

Wednesday, October 23, 2019

Individuals allege railroad crossing repairs denied access to property


By Noddy A. Fernandez | Dec 8, 2018

FAYETTEVILLE – Residents of Scarbro and Oak Hill are seeking a judgment from a court to order two railroad companies to repair crossings on their property.

Vernon Miller Jr. and Cora Miller filed a complaint in Fayette Circuit Court against Kanawa River Railroad LLC and Norfolk Southern Railway Co. alleging denial of access.

According to the complaint, Norfolk Southern owns a strip of land adjacent to the plaintiffs' property that is leased by Kanawha River. The plaintiffs allege that recent repair and maintenance of the tracks by the defendants have resulted the destruction of the crossing that allowed them access to their property. 

The plaintiffs allege the defendants have failed to repair and maintain the crossings despite their demands.

The plaintiffs request that the defendants be ordered to repair, replace and maintain the crossings, damages and any other relief the court seems fit to grant. They are represented by Kevin B. Burgess and Steven R. Broadwater of Hamilton, Burgess, Young & Pollard in Fayetteville.

The defendants filed to remove the case to the U.S. District Court for the Southern District of West Virginia at Charleston on Oct. 18 citing diversity of citizenship.

U.S. District Court for the Southern District of West Virginia at Charleston case number 2:18-cv-0136

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Organizations in this Story

Fayette Circuit Court Hamilton, Burgess, Young & Pollard, PLLC

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