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Berkeley Co. sewer district sued

January 23, 2009|By MATTHEW UMSTEAD

MARTINSBURG, W.Va. - The owner of a manufactured housing community has filed a complaint in Berkeley County Circuit Court, claiming the county's public sewer district has failed to fully complete the development's service connection more than two years after it was started.

The civil action filed this month by attorney Michael L. Scales on behalf of Marion V. McFillan Jr. of Rocky Glen Manufactured Housing Community asks the court to compel the Berkeley County Public Service Sewer District to complete the work and also pay the plaintiff's attorney fees.

"The defendant has been afforded a reasonable time to complete the work pursuant to the deed of easement ... but has failed to complete the work within a reasonable time," Scales said in the complaint.

"The plaintiff has demanded that the work be completed, but the defendant has refused."

Sewer district legal counsel William F. Rohrbaugh declined to comment about the lawsuit Thursday, but confirmed he had received a copy of the complaint, which was filed Jan. 7 with Berkeley County Circuit Clerk Virginia M. Sine's office.

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The complaint alleges the sewer district failed to remove two old wastewater treatment plants that remain as an environmental hazard, among other work since the project started in October 2006, according to Scales' 10-page filing.

McFillan's attorney said the sewer district began charging individual residents of the community near Spring Mills for use of public sewer service in the spring of 2008.

In addition to removal of the wastewater treatment plants, the sewer district failed to remove a "stone pile in the middle of the airplane runway" on the plaintiff's property, final grade and seeding of the property and fence replacement.

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