Advertisement

Berkeley County sewer district lawsuit dismissed

July 24, 2009

MARTINSBURG, W.Va. -- A lawsuit claiming Berkeley County's Public Service Sewer District failed to complete connection service work to a mobile home community more than two years after it started has been dismissed because the work since has been completed, according to court records.

The civil action in January by attorney Michael L. Scales on behalf of Marion V. McFillan Jr. of the Rocky Glen Manufactured Housing Community asked the court to compel the sewer district to complete the work.

An order signed July 1 by 23rd Judicial Circuit Judge Christopher C. Wilkes indicated the work had been completed, according to records filed in Berkeley County Circuit Clerk Virginia M. Sine's office.

The complaint alleged the sewer district failed to remove two former wastewater treatment plants, among other work, since the project began in October 2006 and the sewer district began charging individual residents of the community near Spring Mills for using the service in the spring of 2008.

Advertisement

The civil action was dismissed "with prejudice," meaning McFillan cannot file another lawsuit on the same claim, according to Wilkes' order.

-- Matthew Umstead

The Herald-Mail Articles
|
|
|