CHARLESTON – Eddie McCallister has a partial interest in a property and a need to access it at will: His family members are buried there.
McCallister filed a lawsuit against the man and the homeowner association he believes built a locked gate across the road to access it.
The road in question, CR 11/6, was a public roadway, but in 2017 South Charleston annexed a housing development through which the road ran. At some point in the last 10 years, someone built a gate across the road and has kept it locked, blocking McCallister from his property, the lawsuit said.
McCallister filed his lawsuit against those he believes to be responsible for the gate, the lawsuit said: Rabel Development LLC, the Ridges of Rabel Mountain Homeowners Association and its president, Edward Bell.
McCallister is asking the court to declare the road a public road and order the removal of the gate, in addition to compensation for damages he suffered by being unable to access his land for the past 10 years, the lawsuit said.
McCallister is represented by David R. Karr Jr. in Charleston.
Kanawha County Circuit Court case No. 19-C-847