CHARLESTON — A Glasgow couple is suing the town for a faulty sewer system that has caused them problems.
Patricia McClure and Michael McClure's home in Glasgow is in the vicinity of the town's stormwater and sewer transportation pipes, according to a complaint filed in Kanawha Circuit Court.
The McClures claim the town's stormwater and sewer pipes back up into their home and leak, causing water to run into and under their residence.
"There is an odor of sewerage and mold in the vicinity of their home and in the crawl space under the home," the complaint states. "The plaintiffs have made numerous complaints to the Town of Glasgow regarding storm water backing up, not draining and related sewer problems and it has not been corrected."
These flooding conditions continue and the plaintiffs anticipate that the conditions will continue to exist in the future in the absence of repairs.
The McClures allege the stormwater and sewage have caused them to suffer damages to the structure of their home, their personal property, an infestation of mold, mildew, dampness, substantial annoyance and inconvenience and the loss of use and enjoyment of their home and real and personal property.
The stormwater and sewage constitute trespass and a nuisance, according to the suit.
The McClures claim Glasgow's conduct in failing to maintain and repair its sewer lines and operating a system that allows stormwater to infiltrate, collect and leak from the sanitary sewer has created a health hazard.
"An interference with the private use and enjoyment of another's land is unreasonable when the gravity of the harm outweighs the social value of the activity alleged to cause the harm," the complaint states.
The McClures are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by John H. Skaggs of Calwell Luce diTrapano in Charleston and G. Patrick Jacobs of Jacobs Law Office in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 23-C-390