Shuman McCuskey Slicer PLLC Member Christopher D. Negley

SMS member Christopher D. Negley obtained an order granting a permanent injunction on behalf of his client, The Greater St. Albans Public Service District. The PSD filed a Verified Complaint and Motion for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction against the defendant for constructing a gravel parking lot over the PSD’s Main Sewer Line G1, the laterals for sewer lines, and manholes associated with main Sewer Line G1, which violated deed restrictions placed on the property in 1990. Upon learning the gravel lot had been constructed over the PSD’s line, the PSD’s engineer conducted a field investigation and found that two manholes and sections of the main sewer line had been filled with gravel at depths that could no longer guarantee the integrity of the sewer line. The Court ruled in the PSD’s favor and ordered that the defendant remove all material placed over the District’s easements containing the District’s sewer lines, lateral lines, and manholes.