CHARLESTON — A Charleston developer is suing Yeager Airport alleging it failed to pay for property the developer provided to the airport in 2011.
Corotoman's owner, John Wellford, and Richard A. Atkinson III, the then-acting airport director at Yeager, came to an agreement involving land near the airport, according to a complaint filed Sept. 24 in U.S. Bankruptcy Court for the Southern District of West Virginia.
Around 2010, the airport board decided to expand Yeager's runway and to remove a knoll that was right off the runway, also known as an obstruction in the complaint.
Corotoman claims the airport authority paid several payments on the project but stopped around 2015. It claims the authority only paid several hundred thousand in total.
Corotoman claims as a result off the breach of contract by the airport authority, it is liable for Corotoman for actual damages.
"The Airport Authority failed to perform its obligations pursuant (to) the Settlement Agreement and the License and Work Agreement," the complaint states.
The airport authority has committed several material breaches of the settlement agreement and license and work agreement, according to the suit.
Corotoman claims it remains ready, willing and able to perform all of its obligations in the settlement agreement and license and work agreement upon confirmation that the airport authority will meet each of its obligations.
The developer is seeking judicial determination of its rights and duties as well as the airport authority's rights and duties with respect to the agreements.
Corotoman is seeking actual and compensatory damages; pre- and post-judgment interest; judgment for the settlement agreement and the license and work agreement; and specific performance of the agreements. Corotoman is represented by James C. Wright of Hartley Law Group; John F. Leaberry of Leaberry Law Firm; Scott C. Harris and Andrew D. Hathaway of Whitfield Bryson & Mason.
U.S. Bankruptcy Court for the Southern District of West Virginia Case number: 2:19-ap-02013