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NEWS
By ANDREW SCHOTZ | andrews@herald-mail.com | January 21, 2012
The legal landscape for Maryland's recent congressional redistricting has become clearer with the dismissal of two more lawsuits, including one filed by a Washington County man. Still, challenges to the plan remain alive. The plaintiffs in one case filed a notice of appeal with the U.S. Supreme Court on Friday, The Associated Press reported. Every 10 years, states readjust their congressional and legislative boundaries based on new population data gathered through the U.S. Census.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | April 13, 2012
A former county employee has filed a lawsuit in Berkeley County Circuit Court, claiming she was terminated because she discovered property was wrongly classified for tax-assessment purposes and reported it. Attorney Harry P. Waddell filed the lawsuit Monday on behalf of Sharon Chaffee, who was dismissed in October 2011 from her job as a transfer clerk in the Berkeley County Assessor's Office, according to Waddell's six-page complaint. The Berkeley County Council, Gearl Raynes, in his official capacity as the county's assessor, and former Assessor Patricia “Patsy” Kilmer were named as defendants in the lawsuit.
NEWS
August 9, 2013
Martinsburg officials want a judge to dismiss a lawsuit by the family of a Virginia man shot to death after a scuffle with city police officers. In a motion filed Thursday in U.S. District Court, attorneys also argue that the police department cannot be sued as a separate legal entity because it's just a subdivision of the city. Two brothers of Wayne Arnold Jones, 50, of Stephens City, Va., are demanding $200 million in compensatory and punitive damages in the March shooting in the Eastern Panhandle.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | August 25, 2012
A 23rd Judicial Circuit judge has vacated a September 2011 Berkeley County Planning Commission order that attempted to compel a company to submit a site plan for an existing operation. Judge Christopher C. Wilkes ruled that the planning commission is prohibited from requiring L&H Mobile Storage LLC to submit a site-plan application or follow other procedural requirements for certain development at 615 Pack Horse Ford Road, according to the order filed Aug. 14. L&H Mobile Storage still must follow all laws and regulations for any new construction involving land disturbance that was not contemplated in a 2004 lawsuit involving the property, Wilkes ruled in issuing two writs favoring the company.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | September 12, 2012
A judge has ruled that Berkeley County Sheriff Kenneth Lemaster did not violate a deputy's privacy when he forced him to undergo a drug screening last year because the officer's duties involve public safety and providing for the safety of others. Senior Status Circuit Judge Thomas W. Steptoe dismissed the lawsuit that originally was filed against the sheriff and Berkeley County Council by Deputy Michael L. Buracker in June 2011 because the plaintiff “failed to state a claim upon which relief can be granted,” according to a five-page order filed Aug. 31. Steptoe cited state and federal appellate court opinions in granting the defendant's motion to dismiss the case.
NEWS
By DON AINES | dona@herald-mail.com | June 8, 2013
Two former and two current members of the Fairplay Volunteer Fire Department are asking a judge to take control of the fire company away from its executive committee, according to a lawsuit filed last month in Washington County Circuit Court. The lawsuit was filed by Fairplay fire company members Douglas Moyers and Stephanie Clipp, and former members Mark Kopp and Cory Lescalleet, court records show. The lawsuit asks the court to appoint one or more receivers to manage the Fairplay company and to protect its assets pending dissolution.
NEWS
May 1, 2001
Lawsuit against Bowman dropped By DAN KULIN dank@herald-mail.com A Mennonite man has dropped a religious discrimination lawsuit against D.M. Bowman Inc. in which he accused the Williamsport trucking company of refusing to let him take Sundays off. continued Edward Pipkin, of 13944 Broadfording Church Road, Hagerstown filed a $300,000 federal lawsuit against his former employer in September. He claimed the company failed to accommodate his religious practice by attempting to force him to work Sundays.
NEWS
November 11, 1997
Lawsuit filed over memo By CLYDE FORD Staff Writer, Charles Town CHARLES TOWN, W.Va. - A Shepherd College professor has filed a lawsuit in Jefferson County Circuit Court against another Shepherd College instructor over a memo written about her. Joyce Webb, an associate professor of communications, is seeking $100,000 in punitive and compensatory damages against Farrell Coy, chairman of the Shepherd College Division of Arts...
NEWS
By DAN KULIN /Staff Writer | October 23, 2000
Ice rink's lawsuit settled A lawsuit filed by a former executive director of the Hagerstown ice rink against the group running the rink has been settled out of court. Terms of the settlement were not released. In July 1998, Walter E. Dill Sr. sued the Washington County Sports Foundation, which oversees operations at the city-owned rink, alleging breach of contract, defamation, slander of credit and intentional infliction of emotional distress. Dill originally sought $2.3 million in compensatory and punitive damages from the foundation, according to the suit filed in Washington County Circuit Court.
NEWS
August 27, 1997
Hagerstown officials are holding off on a lawsuit against CSX Corp. and the Maryland Department of Transportation until they can review a proposal by the railroad to fix two crossings, City Administrator Bruce Zimmerman said Tuesday. CSX officials submitted a letter to the city stating they would start repair work on the rough crossings at Northern Avenue and Park Lane no later than Nov. 1, Zimmerman said. The work could involve removing some rail lines and would take two weeks for each crossing to be complete, officials said.
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NEWS
By MATTHEW UMSTEAD | matthewu@herald-mail.com | August 19, 2013
The family of a Berkeley County man whose remains were found at a shale pit in November 2012 after he threatened to commit suicide several months earlier has filed a wrongful death lawsuit against the West Virginia State Police. The lawsuit was filed Thursday in Berkeley County Circuit Court on behalf of Walter N. Hughes' widow, Victoria Hughes, and their three daughters, Kristal M. Hughes, Kristina Arntz and Kristie Canfield, according to court records. In addition to the wrongful death claim, the lawsuit claims that state police and the West Virginia Office of the Chief Medical Examiner are liable for mishandling the man's remains after they were found at the shale pit. West Virginia State Police 1st Sgt. Michael Baylous said Friday he had not been made aware of the claims contained in the lawsuit and declined to comment.
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NEWS
August 9, 2013
Martinsburg officials want a judge to dismiss a lawsuit by the family of a Virginia man shot to death after a scuffle with city police officers. In a motion filed Thursday in U.S. District Court, attorneys also argue that the police department cannot be sued as a separate legal entity because it's just a subdivision of the city. Two brothers of Wayne Arnold Jones, 50, of Stephens City, Va., are demanding $200 million in compensatory and punitive damages in the March shooting in the Eastern Panhandle.
NEWS
By MATTHEW UMSTEAD | matthewu@herald-mail.com | June 26, 2013
A lawsuit filed in 2010 against the Berkeley County Public Service Sewer District by property owners who said their home was flooded multiple times with raw sewage has been settled, the district's legal counsel confirmed Wednesday. The public service district's insurance provider agreed to pay Dolly Fergus and Rex Fergus $100,000 to settle the case on behalf of the publicly run utility during mediation, attorney William F. Rohrbaugh said in an email. An order signed by 23rd Judicial Circuit Judge John C. Yoder to voluntarily dismiss the case in Berkeley County Circuit Court was filed June 5, according to court documents.
NEWS
By MATTHEW UMSTEAD | matthewu@herald-mail.com | June 13, 2013
Family members of a man who was shot to death by Martinsburg police in March have filed a federal lawsuit against the city, its police department and 25 unidentified officers. The complaint, filed in U.S. district court in Martinsburg Thursday on behalf of Robert L. Jones and Bruce A. Jones, seeks $200 million in damages and other relief for the March 13 death of their brother, Wayne Arnold Jones. Wayne Arnold Jones, 50, of Stephens City, Va., died from multiple gunshot wounds in the 100 block of South Queen Street, according to a copy of his death certificate, which was among four attachments that attorney Sherman L. Lambert Sr. filed with a 21-page complaint.
NEWS
By DON AINES | dona@herald-mail.com | June 8, 2013
Two former and two current members of the Fairplay Volunteer Fire Department are asking a judge to take control of the fire company away from its executive committee, according to a lawsuit filed last month in Washington County Circuit Court. The lawsuit was filed by Fairplay fire company members Douglas Moyers and Stephanie Clipp, and former members Mark Kopp and Cory Lescalleet, court records show. The lawsuit asks the court to appoint one or more receivers to manage the Fairplay company and to protect its assets pending dissolution.
NEWS
By MATTHEW UMSTEAD | matthewu@herald-mail.com | January 29, 2013
A woman has sued a Berkeley County sheriff's deputy, claiming she had to spend a night in jail after the officer had her arrested in January 2012 for a crime she did not commit. Sheriff's Deputy Morris Stewart did not return a message left Monday requesting comment about the lawsuit, which was filed Friday on behalf of Lisa L. Bennett of Martinsburg by Charles Town, W.Va., attorney Peter A. Pentony in Berkeley County Circuit Court. Berkeley County Council, which is responsible for funding the sheriff's office, also was named as a defendant in the lawsuit.
NEWS
By MATTHEW UMSTEAD | matthewu@herald-mail.com | December 13, 2012
The Berkeley County Council on Thursday agreed in a 4-0 vote to settle a lawsuit by a county employee, who claimed she was wrongfully terminated in October 2011. Sharon Chaffee, who filed the lawsuit in April, was reinstated as an at-will employee in the Berkeley County assessor's office in June 2012. Chaffee will be paid a total of $58,000 for back wages, repayment of unemployment benefits, general damages and attorney fees and costs, according to settlement terms released Thursday by Berkeley County Council attorney Norwood Bentley III. Chaffee is to receive $23,070 in back wages and unemployment benefits, which will be paid from the Berkeley County assessor's budget, said Bentley in an email response to a Freedom of Information Act request filed Thursday by The Herald-Mail.
NEWS
By JENNIFER FITCH | waynesboro@herald-mail.com | October 23, 2012
The Waynesboro Area School Board on Tuesday authorized settling out of court a lawsuit connected with the renovation and expansion of Waynesboro Area Senior High School three years ago. The school board voted unanimously to spend $1.14 million to settle the lawsuit with Lobar Inc., Herre Bros Inc. and EI Associates. In making the motion to settle, board member Chris Lind identified the expense as “an amount lower than the balance due on the contract.” “It's a fair amount,” Solicitor James Flower said of the reason for settling.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | September 12, 2012
A judge has ruled that Berkeley County Sheriff Kenneth Lemaster did not violate a deputy's privacy when he forced him to undergo a drug screening last year because the officer's duties involve public safety and providing for the safety of others. Senior Status Circuit Judge Thomas W. Steptoe dismissed the lawsuit that originally was filed against the sheriff and Berkeley County Council by Deputy Michael L. Buracker in June 2011 because the plaintiff “failed to state a claim upon which relief can be granted,” according to a five-page order filed Aug. 31. Steptoe cited state and federal appellate court opinions in granting the defendant's motion to dismiss the case.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | August 25, 2012
A 23rd Judicial Circuit judge has vacated a September 2011 Berkeley County Planning Commission order that attempted to compel a company to submit a site plan for an existing operation. Judge Christopher C. Wilkes ruled that the planning commission is prohibited from requiring L&H Mobile Storage LLC to submit a site-plan application or follow other procedural requirements for certain development at 615 Pack Horse Ford Road, according to the order filed Aug. 14. L&H Mobile Storage still must follow all laws and regulations for any new construction involving land disturbance that was not contemplated in a 2004 lawsuit involving the property, Wilkes ruled in issuing two writs favoring the company.
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