Ridgely man says public service district damaged his property

By Kyla Asbury | Mar 4, 2019

KEYSER — A lawsuit alleging a public service district installed new sewage lines that caused a Ridgely man to incur damages was moved to Mineral Circuit Court from magistrate court.

Melvin Eugene Dowden originally filed the lawsuit against the Frankfort Public Service District in Mineral Magistrate Court claiming it installed new sewage lines that caused damage to a retaining wall as well as his yard and caused him $10,000 in damages.

Dowden claims he has pictures and recorded proof of the damage to the yard and retaining wall. He is seeking damages of $10,000 plus any additional costs involved with the lawsuit. He is represented by Lawrence E. Sherman Jr. of Sherman Law Firm in Romney.

Frankfort Public Service District filed an answer to the complaint denying the allegations July 26, stating, "The defendant denies the allegations set forth in the civil complaint and denies that it bears any responsibility to the plaintiff or is in any way liable to him." The district wants the complaint dismissed.

"The defendant reserves the right to assert any and all further affirmative defenses as the applicability of the same shall be known throughout the discovery and trial of this matter," its answer further states.

Frankfort Public Service District is also seeking for the Court to deny all relief sought by Dowden and to conduct a pretrial hearing to determine whether the case should be dismissed, along with reimbursement of all legal fees and any further relief the Court deems appropriate. It is represented by John D. Athey of Athey Law in Keyser.

Mineral Circuit Court case number: 19-C-4

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