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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Couple says county urban renewal authority built trails on their property without consent

Lawsuits
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FAYETTEVILLE — A couple is suing Fayette County Urban Renewal Authority for trespassing on their property.

Richard Allen Johnson and Heather Johnson own 82 acres of property in Fayette County that the authority wanted to build a trail on approached the plaintiffs about the trails in 2017, according to a complaint filed in Fayette Circuit Court.

In 2018, Samuel Chaber, an employee of New River Gorge Trail Alliance, was spotted on the property and asked to leave, according to the suit. Chaber later apologized to the Johnsons, claiming that he was under the impression he had permission through the authority.

The Johnsons claim they had never given permission to the defendants or their agents. In early 2019, they met with the defendants to discuss a potential land swap deal, however before anything was finalized, a trail known as the Marauder trail was built on their property without their knowledge or consent.

The parties met several times between 2019 and 2020 to negotiate the land swap, however, in May, the defendant chose not to sign the agreement and sought more negotiations but continued building trails on the Johnsons' property without their consent.

The Johnsons are seeking compensatory damages for trespassing. They are represented by Evan Dove of Clay Law Firm in Fayetteville.

Fayette Circuit Court case number: 21-C-16

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