CHARLESTON — A man is suing Malden Public Service District for its failure to uphold an agreement regarding sewage disposal.
Richard A. Mollohan entered into an agreement with Malden regarding sewer and wastewater services for Mollohan's home on Dec. 9, 2015, according to a complaint filed in Kanawha Circuit Court.
Mollohan claims that prior to entering into the agreement, Mollohan's home and property were unduly flooded with sewage and wastewater due to the negligence and failures of the defendant and after that had occurred, the defendant installed and maintained a separate septic system in Mollohan's yard.
The defendant agreed to install and maintain the system and never again bill Mollohan for sewer services, according to the suit. Mollohan was then refunded two years of sewer payments as partial compensation for the failures of the defendant.
In 2021, Molloahn claims he began smelling noxious odors from the alternative sewage disposal system and throughout 2021 and 2022, various issues with the system and service occurred.
Mollohan claims the defendant has not fulfilled its obligations under the agreement and, in doing so, breached its agreement with him.
"Defendant's failure to fulfill its obligations have caused damages to Mr. Mollohan, damages for which he pleads just compensation..." the complaint states.
Mollohan claims he has attempted to amicably resolve this matter prior to the filing of the complaint, but without success due to the continuing failures of the defendant to appropriately fulfill its obligations under the agreement and appropriately operate and maintain its equipment.
Mollohan is seeking compensatory and punitive damages. He is represented by Shawn R. Romano and Miles B. Berger of Romano & Associates in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-610
