WINFIELD — A couple is suing the Appalachian Power Company and other entities, citing alleged breach of contract, nuisance and trespassing in a dispute about the treatment of the plaintiffs' property.
John Casto and Cheryl Casto filed a complaint against Appalachian Power Company, American Electronic Power Services Corporation, et al. in Putnam Circuit Court, alleging that the defendants breached their duty to properly design, construct, inspect, maintain and utilize the rights-of-way in a such a manner as not to adversely affect the plaintiffs' real estate. According to the lawsuit, the Castos entered into a rights-of-way agreement with defendants in 1999 allowing an access road to be built across the plaintiffs' property to the Amos-Turner-Chemical Line. Pursuant to the agreement, the defendants were to maintain the rights-of-way and make any and all necessary repairs to prevent damages to the plaintiffs' property.
However, the plaintiffs claim that a slide along the rights-of-way road is adversely affecting substantial access to and across their property and that the defendants are aware of but allegedly have refused to repair the damage or compensate the plaintiffs for the damages they have sustained. The plaintiffs hold Appalachian Power Company, American Electronic Power Services Corporation, et al. responsible because the defendants allegedly failed to remove or repair the slippage of the hill underneath, around and below the rights-of-way onto the plaintiffs' real estate, adversely affecting their property.
The Castos request a trial by jury and seek judgment for compensatory and punitive damages, award of costs, attorney fees, and such other relief as the court deems just. They are represented by Michael J. Del Giudice of Ciccarello, Del Giudice and LaFon in Charleston.
Putnam Circuit Court Case number 19-C-11