Route 5/3 is a public road, claims Nuttall LLC

By Bree Gonzales | Dec 18, 2018

FAYETTEVILLE — A Delaware company is suing Dale Workman, Richard T. Atack and Janet Atack, the West Virginia Department of Transportation, Division of Highways, property owners, citing alleged obstruction of plaintiff's use of Route 5/3.

Nuttall LLC filed a complaint in Fayette Circuit Court against the defendants, alleging that they are preventing plaintiff from using Route 5/3.

According to the complaint, the plaintiff alleges that between October 2016 and September 2018, Nuttall LLC's tenant was obstructed by defendants Workman and/or Atacks from passing through the Workman and Atack properties to access the Nuttall property. Plaintiff needed to terminate the lease and refund the payments and was not able to lease its property. WVDOH has already granted plaintiff to upgrade Route 5/3 from milepost 2.12 to 2.32. The plaintiff holds Dale Workman, Richard T. Atack and Janet Atack, responsible because the defendants allegedly don't have the right to obstruct the public's use of Route 5/3 in the said area because it is a public road. 

The plaintiff seeks declaratory judgment that Nuttall, and its successors and assigns, have the right to utilize and access the Nuttall property along Route 5/3 by traversing the gravel roadbed across the Workman property and the Atack property identified on the survey map, and a preliminary and permanent injunctive relief against Workman and the Atacks to stop them from preventing Nuttall or any member of the public from using Route 5/3. They are represented by Thomas H. Ewing and Courtney A. Kirtley of Kay Casto & Chaney PLLC in Fayetteville.

Fayette Circuit Court Case number 18-c-184

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Fayette Circuit Court Kay Casto & Chaney, PLLC

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