CHARLESTON — A North Carolina banking corporation is suing an engineering and construction service, and an Elkview resident, seeking the court to order specific performance, declaratory and injunctive relief.
Branch Banking and Trust Company filed a complaint in U.S. District Court for the Southern District of West Virginia against Capitol Valley Contracting, Inc. and Les Putillion of Elkview, alleging the defendants failed and refused to allow the bank to access property in the Big Sandy District of Kanawha County in order to perform an environmental assessment and appraisal..
According to the complaint, between June 24, 2013-Oct. 2, 2018, Capitol Valley executed several notes but has failed to make payments when due. The suit says Capitol Valley has further failed and refused to assemble the subject collateral at the bank's request.
The plaintiff alleges Capitol Valley Contracting and Putillion are in breach of specific obligations under the loan documents to provide the bank with access to the Kanawha County property and to assemble the subject collateral for the bank to repossess. The suit say Putillion currently possesses the subject collateral and refuses to cooperate with Capitol Valley in assembling the collateral, and is tortuously interfering with the bank's contractual rights and is trespassing against the bank's interests in the subject collateral.
Branch Banking and Trust seeks declaratory and injunctive relief by directing Capitol Valley to provide access to the property for inspection and to assemble the collateral to make the same immediately available to the bank for repossession. It is represented by attorney Travis A. Knobbe of Spilman Thomas & Battle PLLC in Pittsburgh.
U.S. District Court for the Southern District of West Virginia case number 2:18-cv-01384