Berkeley man seeks $821,000 over damaged stream
7/29/2009 10:50 AM By Justin Anderson -Berkeley Bureau
MARTINSBURG -- A Hedgesville man says a crew with the West Virginia Division of Highways damaged a stream and destroyed surrounding vegetation during a dredging project on his property.
Robert Maguire is asking to be paid more than $821,000 in compensatory and punitive damages in his lawsuit filed June 12 in Berkeley Circuit Court.
Maguire claims that a crew of about 10 DOH employees entered his property -- which he says was marked with "No Trespassing" signs -- and commenced to dredge up a stream.
The complaint says the work damaged about 250 feet of the stream as well as the vegetation along it.
Maguire says the stream is going to cost about $114,210 to restore. Replacing the vegetation is expected to cost about $50,000, the complaint says.
Plus, Maguire says he's entitled to punitive damages of $656,840 for the "intentional acts" of the DOH crew.
Nancy A. Dalby is representing the plaintiff.
Berkeley Circuit Court case number: 09-C-481
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