BECKLEY – A Wyoming County resident alleges a municipal water utility placed a water line through his property without his permission.
Billy Ray Toler filed a complaint in U.S. District Court for the Southern District of West Virginia against Oceana Municipal Water Works alleging trespass and other counts.
The suit states that the defendant extended an existing water line in October 2015 through the plaintiff's Oceana property to provide service to his neighbor. The plaintiff alleges the defendant negligently installed the line without proper authority and/or an easement.
The plaintiff alleges the defendant is trespassing and did not compensate him for the use of his property.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Kyle G. Lusk of Lusk & Bradford PLLC in Beckley.
U.S. District Court for the Southern District of West Virginia case number 5:19-CV-00313